Appeal No. 1995-4366 Page 10
Application No. 08/150,744
the commands, and transmitting said retrieved information to
said remote facsimile device.” Giving claims 109 and 184
their broadest reasonable interpretation, both claims recite
recognizing portions of received image data as commands for
the data processor.
The examiner fails to establish a prima facie case of
obviousness. We note three principles from In re Rijckaert,
9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993). (1)
In rejecting claims under § 103, the patent examiner bears the
initial burden of establishing a prima facie case of
obviousness. (2) A prima facie case is established when
teachings from the prior art would appear to have suggested
the claimed subject matter to a person of ordinary skill in
the art. (3) If the examiner fails to establish a prima facie
case, an obviousness rejection will be reversed.
The examiner fails to show a teaching or suggestion of
recognizing portions of received image data as commands for
the data processor in the prior art. He admits, “Lin did not
specifically disclose the facsimile image specifying data
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