Ex parte KUSTERMANN et al. - Page 5




          Appeal No. 96-3192                                         Page 5           
          Application No. 08/247,672                                                  


          with respect to the claims under appeal.  Accordingly, we will              
          not sustain the examiner's rejection of claims 13 through 15                
          under                                                                       
          35 U.S.C. § 103.  Our reasoning for this determination                      
          follows.                                                                    


               In rejecting claims under 35 U.S.C. § 103, the examiner                
          bears the initial burden of presenting a prima facie case of                
          obviousness.  See In re Rijckaert, 9 F.3d 1531, 1532, 28                    
          USPQ2d 1955, 1956 (Fed. Cir. 1993).  A prima facie case of                  
          obviousness is established by presenting evidence that the                  
          reference teachings would appear to be sufficient for one of                
          ordinary skill in the relevant art having the references                    
          before him to make the modifications necessary to arrive at                 
          the claimed invention.  See In re Lintner, 9 F.2d 1013, 1016,               
          173 USPQ 560, 562 (CCPA 1972).  Furthermore, the conclusion                 
          that the claimed subject matter is prima facie obvious must be              
          supported by evidence, as shown by some objective teaching in               
          the prior art or by knowledge generally available to one of                 
          ordinary skill in the art that would have led that individual               
          to combine the relevant teachings of the references to arrive               
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