Appeal No. 98-2149 Page 4
Application No. 08/651,991
pattern, including plural strips with the hooks
placed at an angle with respect to each other is
considered obvious if a different adhesion level is
desired.
* * *
With regard to claims 17-18, the use of a[n]
edged object such as a screwdriver or other blade-
like tool to unfasten the cap is considered an
obvious expedient with the proposed modification of
the Robinson Patent. Blade-like tools such as
screwdrivers are commonly used to pry open a variety
of objects. [Answer, pages 4 and 5.]
We will not support the examiner's position. In rejecting
claims under 35 U.S.C. § 103 the examiner bears the initial
burden of presenting a prima facie case of obviousness. In re
Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir.
1993); In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992). Only if that burden is met does the burden
of coming forward with evidence or argument shift to the
applicant. Id. If the examiner fails to establish a prima
facie case, the rejection is improper and will be overturned.
In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir.
1988).
According to the specification, hook and loop-type
fastening devices for attaching a replaceable wear cap to a
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