Appeal No. 95-3338 Application 07/994,035 screen, in the second position the cover exposing the input/output screen for use, the cover defining a window permitting a portion of the input/output screen to be viewed even when the cover is in the first position. The examiner relies on the following references: York 4,918,632 Apr. 17, 1990 Derocher Des. 321,865 Nov. 26, 1991 Blonder 5,103,376 Apr. 7, 1992 Hawkins et al. 5,200,913 Apr. 6, 1993 (filed Feb. 14, 1992) Moser et al. (Moser) 5,237,488 Aug. 17, 1993 (filed May 11, 1992) Claims 1 through 3, 8, 9, 11 through 13, 15 through 18 and 20 stand rejected under 35 U.S.C. 103. The examiner advances two alternate theories of obviousness, one based on Derocher, alone, and the other based on the combination of York, Moser and either one of Hawkins or Blonder. Reference is made to the brief and answer for the respective details of the positions of appellants and the examiner. OPINION The burden of establishing unpatentability of a claimed invention rests upon the examiner. In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988); In re Thorpe, 777 -3-Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007