Appeal No. 97-4161
Application 08/397,408
THE REJECTIONS
The following rejections stand under 35 U.S.C. § 103:
(1) Claims 1, 3, 4, 11, 13 and 14 on the basis of Bauernfeind
‘728.
(2) Claims 1, 3, 4, 11, 13 and 14 on the basis of Bauernfeind
‘728 and Burgess, Bauernfeind ‘967, Schulz, Thomas,
Burt or Scherf.
(3) Claims 1, 4-10, 11 and 14-20 on the basis of Bauernfeind
‘728 and the appellants’ admitted prior art
(specification, page 5, lines 28-31 and page 6, lines 19-
22).
The rejections are explained in the Examiner's Answer.
The opposing viewpoints of the appellants are set forth
in the Brief.
OPINION
In rejections 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)), which is established when the
teachings of the prior art itself would appear to have
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