Appeal No. 95-3317
Application No. 07/937,522
and paragraph (a) of claim 1) or PVC (column 5, line 27) that
is extruded from a nozzle 1 (Figure 1) to form the tube (note
Figure 1; column 5, lines 26-27; and paragraph (a) of claim
1). Furthermore, Vohrer discloses wrapping the strip 10
around the tube, then heating the wrapped tube by passing the
wrapped tube through a first heating zone 11 to adhere the
strips 10 to underlying longitudinal reinforcing strips 6
(note column 6, lines 5-8 and Figure 1).
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); In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). A prima
facie case of obviousness is established by presenting
evidence indicating that the reference teachings would appear
to be sufficient for one of ordinary skill in the relevant art
having the references before him to make the proposed
combination or other modification. See In re Lintner, 458
F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA 1972). Furthermore,
the conclusion that the claimed subject matter is prima facie
obvious must be supported by evidence, as shown by some
6
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