Ex parte SCHROEDER - Page 8




          Appeal No. 1996-3918                                                        
          Application No. 08/232,351                                                  


          § 103.  See In re Saari, 386 F.2d 909, 913, 155 USPQ 691, 694               
          (CCPA 1967).  On this basis, we are satisfied that the                      
          combined teachings of Cramblett and White establishes a prima               
          facie case of obviousness with respect to the claims under                  
          consideration.                                                              
               Having arrived at the conclusion that the evidence of                  
          obviousness as applied in the rejection of the claims under                 
          consideration is sufficient to establish a prima facie case of              
          obviousness, we recognize that the evidence of nonobviousness               
          submitted by the appellant must be considered en route to a                 
          determination of obviousness/nonobviousness under 35 U.S.C.                 
          § 103.  Stratoflex, Inc. v. Aeroquip Corp., 713 F.2d 1530,                  
          1538, 218 USPQ 871, 879 (Fed. Cir. 1983).  Accordingly, we                  
          consider anew the issue of obviousness under 35 U.S.C. § 103,               
          carefully evaluating therewith the objective evidence of                    
          nonobviousness and argument supplied by the appellant.  See In              
          re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir.              
          1984).                                                                      
               The declaration by Lee establishes that the declarant (1)              
          has a degree in architecture, (2) has read "the subject                     

                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007