Appeal No. 1996-2195
Application 08/120,911
OPINION
We will not sustain the rejection of claims 39
through 44, 46 through 51, 53 through 74 and 78 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 express teachings or suggestions
found in the prior art, or by implications contained in such
teachings or suggestions. In re Sernaker, 702 F.2d 989, 995,
217 USPQ 1, 6 (Fed. Cir. 1983). "Additionally, when determin-
ing obviousness,
the claimed invention should be considered as a whole; there
is no legally recognizable 'heart' of the invention." Para-
Ordnance Mfg. v. SGS Importers Int'l, Inc., 73 F.3d 1085,
1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995), cert. denied, 519
U.S. 822 (1996) citing W. L. Gore & Assoc., Inc. v. Garlock,
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