Appeal No. 96-2043
Application 07/990,514
brief (Paper No. 15, filed April 17, 1995) for the appellant's
arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellant's specification and
claims, to the applied prior art references, and to the
respective positions articulated by the appellant 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 case of obviousness with respect
to claims 1 through 9. Accordingly, we will not sustain the
examiner's rejections of claims 1 through 9 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
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