Appeal No. 1996-0098
Application No. 08/207,512
Hong 3,801,505 Apr.
02, 1974
Christian et al. (Christian) 4,324,673 Apr.
13, 1982
Takahashi et al. (Takahashi) 5,100,568 Mar.
31, 1992
Caporiccio 5,210,123 May 11,
1993
Claims 1-3, 5 and 7 stand rejected under 35 U.S.C. § 103
as being unpatentable over Hong. Claims 10 and 11 stand
rejected under 35 U.S.C. § 103 as being unpatentable over Hong
in view of Christian. Claims 1-3, 5 and 7-12 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Caporiccio in
view of Takahashi.
OPINION
Upon careful consideration of the opposing arguments
presented on appeal, we concur with appellant that the applied
prior art fails to establish a prima facie case of obviousness
of the claimed subject matter. Accordingly, we will not
sustain the examiner's rejections.
In rejecting claims 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). Furthermore, the
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