Appeal No. 97-2229
Application No. 08/094,748
to the independent claims, and they are not alleviated by
considering the teachings of Datlow. This being the case, it
is our view that the combined teachings of the two references
fail to establish a prima facie case of obviousness with 4
regard to any of the claims, and therefore we will not sustain
the Section 103 rejection.
In view of the fact that we have not sustained the
rejection under 35 U.S.C. § 103, it is unnecessary for us to
consider the appellant’s evidence of non-obviousness.
4A prima facie case of obviousness is established when
the teachings of the prior art itself would appear to have
suggested the claimed subject matter to one of ordinary skill
in the art. See, for example, In re Bell, 991 F.2d 781, 783,
26 USPQ2d 1529, 1531 (Fed. Cir. 1993).
8
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