Appeal No. 97-3002
Application 08/529,477
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). Only if that
burden is met does the burden of coming forward with evidence or
argument shift to the applicant. Id. If the examiner fails to
establish a prima facie case, the rejection is improper and will
be overturned. In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596,
1598 (Fed. Cir. 1988).
Here, each of the above-noted rejections is bottomed on the
examiner’s view that “[i]t would be obvious to provide Templeton
with a storage compartment for storing containers of sterile
fluid, in view of Menzel, for the purpose of precooling the
sterile fluid prior to use” (final rejection, page 2). We do not
agree. Templeton is directed to a method and apparatus for
maintaining sterile surgical fluid at a desired temperature in a
temperature controlled basin provided at the top of a cabinet.
As the examiner recognizes, Templeton has no storage compartments
whatsoever.
In an attempt to overcome this deficiency the examiner turns
to the teachings of Menzel. Menzel, however, is directed to a
completely disparate method and apparatus from that of Templeton.
That is, Menzel is directed a method and apparatus for making ice
cream. To this end, Menzel provides a heating and cooling
chamber 2 for accommodating one or more transportable storage
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