Appeal No. 95-1950
Application No. 08/061,928
the teachings of Hunt. In this regard, we emphasize that Hunt
expressly teaches utilizing his counter mechanism on a movable
strip in the form of a filter (e.g., see lines 17 through 28
in column 2) which corresponds to the movable filter tape of
Zahniser and that Hunt expressly teaches using his mechanism
as a particle counter (e.g., see lines 59 through 64 in column
4).
For the above stated reasons, it is our determination
that the reference evidence adduced by the examiner
establishes a prima facie case of obviousness within the
meaning of 35 U.S.C.
§ 103. At this point, therefore, it is appropriate to re-
assess all the evidence of record including the appellant's
evidence of nonobviousness in order to reach an ultimate
conclusion of obviousness versus nonobviousness. See, for
example, In re Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143,
147 (CCPA 1976).
As evidence of nonobviousness, the appellant offers the
Zahniser and Farber declarations of record under 37 CFR 1.132
(see paper numbers 5 and 8 respectively).
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