Appeal No. 96-1386
Application 08/030,937
The Examiner relies on the following references:
Brown 4,317,130 Feb. 23, 1982
Shimoda et al. (Shimoda) 4,985,755 Jan. 15, 1991
Claims 1 through 11 and 17 through 19 stand rejected under
35 U.S.C. § 103 as being unpatentable over Brown in view of
Shimoda.
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 11 and
17 through 19 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
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