Ex parte BLADES et al. - Page 6




          Appeal No. 97-1657                                          Page 6           
          Application No. 08/216,735                                                   


          (Fed. Cir. 1986); In re Sernaker, 702 F.2d 989, 991, 217 USPQ                
          1, 3 (Fed. Cir. 1983).                                                       


          Obviousness of the claims                                                    
               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 of obviousness                
          is established when the teachings from the prior art itself                  
          would appear to have suggested the claimed subject matter to a               
          person having 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.                
          1993).  With this in mind,  we analyze the examiner’s                        
          rejection of the appealed claims.                                            


               Regarding claim 1, the examiner observes that Hogan                     
          teaches “displaying an editing object,” “permitting said user                
          to alter a value,” and “automatically altering a display.”                   
          (Final Rejection at 2.)  This observation is not disputed by                 
          the appellants.  (Appeal Br. at 5.)  The examiner recognizes                 







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007