Appeal No. 96-2661
Application 08/177,975
USPQ 871, 879 (Fed. Cir. 1983) citing In re Sernaker, 702 F.2d
989, 996, 217 USPQ 1, 7 (Fed. Cir. 1983).
Turning to the declaration by Kitou, one of the
Appellants, we note on page 2 that the Declarant states that
the linearity error is determined by V /E and the
CS B
corresponding values in Teuling as attained by the circuit of
Figure 1 would have the following curves when F is
min
considered to be 30 kHz and F is considered to 60 kHz. The
max
Declarant has provided us with two graphs. Then the Declarant
concludes that Teuling does not and cannot provide a linearity
error of a substantially constant value over a frequency range
of 30 kHz to 60 kHz, as recited in claim 17.
We note that the Declarant has not explained how
these graphs have been obtained nor how the values for V and
CS
E are determined. We have little to go on other than
B
accepting the actual graphs provided.
We note that the initial burden of establishing a
prima facie case rests upon the Examiner. In re Piasecki, 745
F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984). The
prima facie case is a procedural tool used in patent
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