Ex parte AMURO et al. - Page 5




          Appeal No. 97-1263                                         Page 5           
          Application No. 08/219,552                                                  


                                       OPINION                                        
               In reaching our decision in this appeal, we considered                 
          the  subject matter on appeal and the rejection 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 1-10.  Accordingly, we reverse.                


               We begin our consideration of the obviousness 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.  In re                    
          Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir.               
          1993).                                                                      


               If the burden of establishing a prima facie case is met,               
          the burden of coming forward with evidence or argument shifts               







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