Appeal No. 2005-0285 3
Application No. 09/881,675
adding Kim to this combination with regard to claim 4. In
addition, the examiner offers APA, the Japanese document, and
Okamoto with regard to claims 6-8, and 10, adding Kim to this
combination with regard to claim 9.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
In rejecting claims under 35 U.S.C. §103, the examiner bears
the initial burden of presenting a prima facie case of
obviousness. See In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d
1955, 1956 (Fed. Cir. 1993). To reach a conclusion of
obviousness under §103, the examiner must produce a factual basis
supported by a teaching in a prior art reference or shown to be
common knowledge of unquestionable demonstration. Our reviewing
court requires this evidence in order to establish a prima facie
case. In re Piasecki, 745 F.2d 1468, 1471-72, 223 USPQ 785, 787-
88 (Fed. Cir. 1984). The examiner may satisfy his/her burden
only by showing some objective teaching in the prior art or that
knowledge generally available to one of ordinary skill in the art
would lead the individual to combine the relevant teachings of
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