Ex parte INAMORI et al. - Page 5




          Appeal No. 1998-3064                                       Page 5           
          Application No. 08/445,867                                                  


          arguments of the appellants and examiner.  After considering                
          the totality of the record, we are persuaded that the examiner              
          erred in rejecting claims 2 and 4-12.  Accordingly, we                      
          reverse.                                                                    


               We begin by noting three principles from In re Rijckaert,              
          9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993).  (1)              
          In rejecting claims under § 103, the patent examiner bears the              
          initial burden of establishing a prima facie case of                        
          obviousness.  (2) A prima facie case is established when                    
          teachings from the prior art would appear to have suggested                 
          the claimed subject matter to a person of ordinary skill in                 
          the art.  (3) If the examiner fails to establish a prima facie              
          case, an obviousness rejection will be reversed.  With these                
          in mind, we analyze the appellants’ arguments.                              


               Regarding claims 2 and 4-12, the appellants make several               
          related arguments.  They argue, “neither reference provides                 
          addresses to the segment drive circuits identified by the                   
          Examiner ....”  (Appeal Br. at 8.)  The appellants add the                  
          following argument.                                                         







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007