Appeal No. 96-2168
Application No. 08/257,478
OPINION
After a careful review of the evidence before us we
will not sustain the rejection of claims 1 through 13, 16 and
17 under 35 U.S.C. § 103, nor the rejection of claims 14 and
15 under 35 U.S.C. § 102.
35 U.S.C. § 103 Rejections
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 Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6
(Fed. Cir. 1983).
With regard to the rejection of independent claim
1 under 35 U.S.C. § 103 as being unpatentable over Karlin and
Yamaguchi, Appellants argue that “in all embodiments of the
present invention the microcomputer serves as the driving
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