Appeal No. 1995-3054
Application No. 08/059,384
The examiner argues that appellants have failed to
establish unexpected results of the claimed invention (Answer,
p. 22). However, the examiner has improperly shifted the
burden to appellants. The examiner bears the initial burden
of presenting a prima facie case of unpatentability. In re
Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.
1992). Based on the record before us, the examiner has failed
to satisfy that burden.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007