Appeal No. 97-1836
Application No. 08/324,818
The appellants’ arguments in opposition to the positions
taken by the examiner are set forth in the Brief and the Reply
Brief.
OPINION
In reaching our decision on the issues raised in this
appeal, we have carefully assessed the claims, the prior art
applied against the claims, and the respective views of the
examiner and the appellants as set forth in the Answer and the
Brief. As a result of this review, we have concluded that the
teachings of the references relied upon fail to establish a
prima facie case of obviousness with respect to the claimed
subject matter. This being the case, we will not sustain the
rejection. Our reasons for arriving at this decision follow.
The test for obviousness is what the combined teachings
of the prior art would have suggested to one of ordinary skill
in the art. See In re Keller, 642 F.2d 413, 425, 208 USPQ
871, 881 (CCPA 1981). In establishing a prima facie case of
obviousness under 35 U.S.C. § 103, it is incumbent upon the
examiner to provide a reason why one of ordinary skill in the
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