Appeal No. 96-2661
Application 08/177,975
examination for establishing not only that the evidence of the
prior art would reasonably allow the conclusion that the
Examiner seeks, but also that the prior art compels such a
conclusion if the Applicants produce no evidence or argument
to rebut it. In re Spada, 911 F.2d 705, 707, 15 USPQ2d 1655,
1657 (Fed. Cir. 1990). Thus, the Examiner has the initial
burden of producing a factual basis for the rejection under §
103. Then, the burden shifts to the Appellants to establish
by rebuttal a showing of facts sup- porting the opposite
conclusion. Upon reviewing the declaration, we fail to find
that Appellants have met this burden. As shown above, we fail
to find any facts to support the conclusions of Appellants
and, in particular, any supporting evidence to show that the
circuits as disclosed by Teuling would have performed in the
manner as alleged by the Declarant.
In view of the foregoing, the decision of the
Examiner rejecting claims 17 through 19 under 35 U.S.C. § 103
is affirmed.
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