Appeal No. 96-1353 Application 07/696,973 THE REJECTION Claims 1, 3 through 6, 8 through 55 and 57 through 89 stand rejected under 35 U.S.C. § 103 as being unpatentable over Jasper in view of Ashok and MacKay. The rejection is explained in the Examiner's Answer. The opposing viewpoints of the appellants are set forth in the Brief and the Reply Brief. OPINION The rejection in this case is that the subject matter of the claims is obvious under 35 U.S.C. § 103. The test for obviousness is what the combined teachings of the prior art would have suggested to one of ordinary skill in the art. See In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981). In establishing a prima facie case of obviousness under 35 U.S.C. § 103, it is incumbent upon the examiner to provide a reason why one of ordinary skill in the art would have been led to modify a prior art reference or to combine reference teachings to arrive at the claimed invention. See Ex parte Clapp, 227 USPQ 972, 973 (Bd. Pat. App. & Int. 1985). To this end, the requisite motivation must stem from some teaching, suggestion or inference in the prior art as a whole or from the knowledge generally 3Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007