Appeal No. 1996-1566
Application No. 08/095,369
As evidence of obviousness, the examiner relies upon the
following references:
Murphy 3,341,486 Sep. 12,
1967
Endo 4,233,428 Nov.
11, 1980
Sumida 4,252,933 Feb. 24,
1981
THE REJECTION
Claims 2 and 4 through 24 stand rejected under 35 U.S.C.
§ 103, as being unpatentable over Endo in view of Sumida taken
further with Murphy.
OPINION
We have carefully considered all of the arguments
advanced by appellants and the examiner and agree with
appellants that the aforementioned rejections are not well
founded. Accordingly, we will not sustain the rejections.
“[T]he examiner bears the initial burden, on review of
the prior art or on any other ground, of presenting a prima
facie case of unpatentability.” See In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).
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