Ex parte DOPKE et al. - Page 5




          Appeal No. 96-0425                                         Page 5           
          Application No. 08/108,986                                                  


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellants' specification and                  
          claims, to the applied prior art reference, and to the                      
          respective positions articulated by the appellants and the                  
          examiner.  Upon evaluation of all the evidence before us, it                
          is our conclusion that the evidence adduced by the examiner is              
          insufficient to establish a prima facie case of obviousness                 
          with respect to the claims under appeal.  Accordingly, we will              
          not sustain the examiner's rejection of claims 1 through 6 and              
          11 under 35 U.S.C. § 103.  Our reasoning for this                           
          determination follows.                                                      


               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).  A prima facie case of                  
          obviousness is established by presenting evidence that the                  
          reference teachings would appear to be sufficient for one of                
          ordinary skill in the relevant art having the references                    
          before him to make the proposed combination or other                        







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