Appeal No. 97-1167 Page 6
Application No. 08/475,062
OPINION
In reaching our decision in this appeal, we considered
the subject matter on appeal and the rejections and evidence
advanced by the examiner. We also considered the appellants’
and examiner’s arguments. After considering the record before
us, it is our view that the evidence and level of skill in the
art would not have suggested to one of ordinary skill in the
art the invention of claims 3, 6, and 11-15. Accordingly, we
reverse.
We begin our consideration of the patentability of the
claims by recalling that in rejecting claims under 35 U.S.C.
§ 103, the patent examiner bears the initial burden of
establishing a prima facie case of obviousness. A prima facie
case is established when the teachings from the prior art
itself would appear to have suggested the claimed subject
matter to a person of ordinary skill in the art. If the
examiner fails to establish a prima facie case, an obviousness
rejection is improper and will be overturned. In re
Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir.
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