Appeal No. 1997-4120 Page 5
Application No. 08/347,341
arguments of the appellant or examiner in toto, we refer the
reader to the appeal and reply briefs and the examiner’s
answer for the respective details thereof.
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 arguments of
the appellant and examiner. After considering the record
before us, we cannot say that the evidence and level of skill
in the art would have suggested the invention of claims 4-6.
Accordingly, we reverse.
We begin our consideration 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
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