Ex parte DICKIE et al. - Page 5




          Appeal No. 97-0990                                         Page 5           
          Application No. 08/105,093                                                  


          No. 15, filed August 27, 1996) for the appellants' arguments                
          thereagainst.                                                               


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellants' specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellants and the                  
          examiner.  Upon evaluation of all the evidence before us, it is             
          our conclusion that the evidence adduced by the examiner is                 
          insufficient to establish a prima facie case of obviousness with            
          respect to the appealed claims.  Accordingly, we will not sustain           
          the examiner's rejection of claims 1 through 7 under 35 U.S.C.              
          § 103.  Our reasoning for this determination follows.                       


               The test for obviousness is what the combined teachings of             
          the references would have suggested to one of ordinary skill in             
          the art.  See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089,               
          1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208              
          USPQ 871, 881 (CCPA 1981).  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               








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