Appeal No. 1997-4224
Application No. 08/474,866
The examiner relies on the following reference:
Schreiber 4,503,429 Mar.
5, 1985
Claims 25 through 27, 53, 54, 59 and 68 through 76 stand
rejected under 35 U.S.C. § 103 as unpatentable over Schreiber.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
We reverse.
It is the examiner’s duty, in the first instance, to
establish a case of prima facie obviousness when applying a
rejection based on 35 U.S.C. § 103. In the instant case,
while we do not determine that a prima facie case could not
have been made in the instant case, based on the evidence
provided by Schreiber, we merely conclude that the examiner
simply has not done so.
The independent claims each call for, in one form or
another, a first and second computer. The examiner has
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