Appeal No. 96-2995
Application 08/383,608
their respective positions.
OPINION
We have considered the subject matter on appeal and the
rejections advanced by the examiner. We have, likewise,
reviewed the Appellant's arguments against the rejections as
set forth in the brief.
It is our view, after consideration of the record before
us, that the collective evidence relied upon and the level of
skill in the particular art would have suggested, to one of
ordinary
skill in the art, the obviousness of the invention as set
forth in claims 1 through 5, 8, 9 and 11. Accordingly, we
affirm.
We consider first the Section 103 rejections as they
apply to claims 1, 2, 3, 5, 8, 9 and 11, which are grouped
together [brief, pages 11 and 12, and answer, page 2].
As a general proposition in an appeal involving a
rejection under 35 U.S.C. § 103, an examiner is under a burden
to make out a prima facie case of obviousness. If that burden
is met, the burden of going forward then shifts to the
applicant to overcome the prima facie case with argument
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