Appeal No. 96-0384 Page 7
Application No. 08/106,252
that the examiner has met his (her) initial burden of
establishing that the claimed subject matter at issue herein
would have been prima facie obvious to one of ordinary skill
in the art at the time the application was filed. In re Fine,
837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598-99 (Fed. Cir. 1988).
In light of the foregoing discussion and in the absence
of any convincing countervailing evidence and/or argument(s)
presented by appellants we agree with the examiner's legal
conclusion that the subject matter defined by the appealed
claims would have been obvious within the meaning of 35 U.S.C.
§ 103.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1-7, 15-19, and 21 under 35 U.S.C. § 103 as being
unpatentable over Jack in view of Basol is affirmed.
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