Appeal No. 1996-1792 Page 4
Application No. 08/220,244
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Smith et al. (Smith) 4,482,586 Nov. 13,
1984
Darr et al. (Darr), WO 93/15887 Aug. 19, 1993
Claims 1-17 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Smith or, alternatively, Smith in view of
Darr.
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 reverse the stated rejections.
At the outset, we note that the examiner has the initial
burden of presenting a prima facie case of obviousness based on
the disclosure of the applied prior art. See In re Oetiker,
977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).
Smith discloses a multi-layer bottle made of polyester
material including "at least one layer of polyisophthalate
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