Appeal No. 97-1784
Application 08/011,068
Collins et al. (Collins) 4,063,308 Dec. 13, 1977
Rubinstein 5,077,686 Dec. 31, 1991
Claims 1 through 20 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Rubinstein and Collins.
Rather than reiterate the arguments of Appellants and
the Examiner, reference is made to the brief and answer for the
respective details thereof.
OPINION
We will not sustain the rejection of claims 1
through 20 under 35 U.S.C. § 103.
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
3
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