Appeal No. 98-1528 Page 3
Application No. 08/374,039
THE REJECTIONS
The following rejections stand under 35 U.S.C. § 103:2
(1) Claims 1-6, 9-12 and 22-26 on the basis of Scragg in view
of Sacramento Bee or The Dallas Morning News or The
Vancouver Sun.
(2) Claims 1-6, 9-12 and 22-26 on the basis of Official Notice
in view of The Vancouver Sun.
The rejections are explained in the Examiner's Answer.
The opposing viewpoints of the appellant are set forth in
the Brief and the Reply Brief.
OPINION
We have evaluated the two rejections on the basis that the
examiner bears the initial burden of presenting a prima facie
case of obviousness (see In re Rijckaert, 9 F.3d 1531, 1532, 28
USPQ2d 1955, 1956 (Fed. Cir. 1993)), which is established when
the teachings of the prior art itself would appear to have
suggested the claimed subject matter to one of ordinary skill
2Both of these rejections are new, appearing for the
first time in the Answer. In view of the fact that the two
rejections set forth in Paper No. 5 (the final rejection) were
not repeated in the Answer, we shall treat them as having been
withdrawn by the examiner.
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