Appeal No. 1997-0726 Page 5
Application No. 08/329,398
35 U.S.C. § 103. Our reasoning for this determination
follows.
In rejecting claims under 35 U.S.C. § 103, the examiner
bears the initial burden of presenting a prima facie case of
obviousness. See In re Rijckaert, 9 F.3d 1531, 1532, 28
USPQ2d 1955, 1956 (Fed. Cir. 1993). A prima facie case of
obviousness is established by presenting evidence that would
have led one of ordinary skill in the art to combine the
relevant teachings of the references to arrive at the claimed
invention. See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d
1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013,
1016, 173 USPQ 560, 562 (CCPA 1972).
In the rejection, the examiner found (answer, pp. 2-3)
that Shtarkman discloses
a method of assembling a viscously damped elastic mount
having upper and lower compliance members 18, 30 forming
a void which receives sealed member 34, the method
comprising filling and sealing the member 34 and then
placing it within the void in cooperative contact with
one of the compliance member (See Fig. 2).
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