Appeal No. 97-0315
Application 08/336,181
a motor for rotating said plate in response to an
electrical instruction signal between a first position wherein
said positive terminal is electrically connected to said high
voltage output terminal, and a second position wherein said
negative terminal is electrically connected to said high
voltage output terminal.
The references relied on by the examiner are:
Admitted Prior Art: Appellant’s Disclosure, particularly
figures 1 A - 1C. (APA).
Claims 1 through 17 stand rejected under 35 U.S.C. § 103
over APA.
Reference is made to Appellant’s brief and the Examiner's
answer for their respective positions.
OPINION
We have considered the record before us, and we will
reverse the rejection of claims 1 through 17.
With respect to claims 1 through 17, the Examiner has
failed to set forth a prima facie case of obviousness. 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
art, or by implications contained in such teachings or
suggestions. In re Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6
-3-
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