Appeal No. 94-2901 Application No. 07/837,666 the Reply Brief (Paper No. 34), and the "Answer to Examiner's Supplemental Answer" (Paper No. 36); (3) the Examiner's Answer (Paper No. 33), the first Supplemental Answer (Paper No. 35), and the second Supplemental Answer (Paper No. 37); (4) the above-cited references relied on by the examiner; and (5) the previous opinion and decision issued by another merits panel of the Board in parent Application Serial No. 07/067,001 (Appeal No. 91-2989, mailed January 14, 1992). On consideration of the record, including the above- listed materials, we reverse the examiner's rejections. SECTION 103 The facts adduced by the examiner would appear to support a conclusion of prima facie obviousness of claim 19 over Orelski, Atkinson, and the acknowledged prior art in the specification (paragraph bridging pages 5 and 6), further considered in view of Jenness or Brockmann. That, however, does not end the inquiry. See In re Hedges, 783 F.2d 1038, 1039, 228 USPQ 685, 686 (Fed. Cir. 1986) ("If a prima facie case is made in the first instance, and if the applicant comes forward with reasonable rebuttal, whether buttressed by -4-Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007