Appeal No. 97-0783
Application 08/396,184
said control means including means for maintaining said data entered in said display areas after
operation of said transfer switch despite operation of said rotary switches.
The examiner relies on the following references:
Sakurada et al. (Sakurada) 4,449,805 May 22, 1984
Koide 4,450,487 May 22, 1984
Claims 7, 8 and 10 stand rejected under 35 U.S.C. § 103. As evidence of obviousness the
examiner offers Sakurada in view of Koide.
Rather than repeat the arguments of appellant or the examiner, we make reference to the briefs
and the answers for the respective details thereof.
OPINION
We have carefully considered the subject matter on appeal, the rejection advanced by the
examiner and the evidence of obviousness relied upon by the examiner as support for the rejection.
We have, likewise, reviewed and taken into consideration, in reaching our decision,
the appellant’s arguments set forth in the briefs along with the examiner’s rationale in support of the
rejection and arguments in rebuttal set forth in the examiner’s answers.
It is our view, after consideration of the record before us, that the evidence relied upon and the
level of skill in the particular art would not have suggested to one of ordinary skill in the art the
obviousness of the invention as set forth in claims 7, 8 and 10. Accordingly, we reverse.
In rejecting claims under 35 U.S.C. § 103, it is incumbent upon the examiner to establish a
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