Appeal No. 95-1357 Application 07/965,427 The Examiner has failed to set forth a prima facie case. It is the burden of the Examiner to establish why one having ordinary skill in the art would have been led to the claimed invention by the express teachings or suggestions found in the prior art, or by implications contained in such teachings or suggestions. In re Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6 (Fed. Cir. 1983). "Additionally, when determining obviousness, the claimed invention should be considered as a whole; there is no legally recognizable 'heart' of the invention." Para-Ordnance Mfg. v. SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995), cert. denied, 117 S.Ct. 80 (1996) citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). Appellants argue on pages 5 through 8 of the brief that Clark and Cadoz, together or individually, fail to teach or suggest a first and second magnetic force applying means comprising coils fixed in spaced relationship to the platform and a pair of magnets fixed to the base in a relationship so that the first and second magnetic force applying means apply selected 5Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007