Appeal No. 97-2657
Application 08/359,286
Claims 1 through 16 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Watanabe.
Rather than reiterate the arguments of Appellant and
the Examiner, reference is made to the briefs and answer for 2
the respective details thereof.
OPINION
We will not sustain the rejection of claims 1
through 16 under 35 U.S.C. § 103.
The Examiner has failed to set forth a prima facie
case. It is the burden of the Examiner to establish why one
having ordinary skill in the art would have been led to the
claimed invention by the express teachings or suggestions
found in the prior art, or by implications contained in such
teachings or suggestions. In re Sernaker, 702 F.2d 989, 995,
217 USPQ 1, 6 (Fed. Cir. 1983). "Additionally, when determin-
2Appellant filed an appeal brief on December 9, 1996.
Appellant filed a reply brief on April 21, 1997. On July 14,
1997, the Examiner sent a letter stating that the reply brief
filed has been entered and considered but no further response
by the Examiner is deemed necessary.
3
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