Appeal No. 96-0626 Application 08/187,328 35 U.S.C. § 103 as being unpatentable over Suyama in view of Hayashi. Claims 1, 2, 4, 5, 12 and 13 stand rejected under 35 U.S.C. § 103 as being unpatentable over Appellants' admitted prior art in view of Nakamura. Claims 1, 2, 4, 5, 7-10, 12 and 13 stand rejected under 35 U.S.C. § 103 as being unpatentable over Suyama in view of Nakamura. Rather than reiterate the arguments of Appellants and the Examiner, reference is made to the briefs and answer for the respective details thereof. OPINION We will not sustain the Examiner's rejection of claims 1 through 13 under 35 U.S.C. § 103. The Examiner has failed to set forth a prima facie case. It is the burden of the Examiner to establish why one having ordinary skill in the art would have been led to the claimed invention by the reasonable teachings or suggestions found in the prior art, or by a reasonable inference to the artisan contained in such teachings or suggestions. In re 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007