Appeal No. 99-0230 Application No. 08/396,277 Claims 1-3 and 6-12 stand rejected under 35 U.S.C. § 103 as being unpatentable over Edgar in view of Henry, the textbook, and Snook. Claims 11 and 12 stand rejected under 35 U.S.C. § 102(b) as being clearly anticipated by Henry. OPINION Rather than attempt to reiterate the examiner’s full commentary with regard to the above-noted rejections and the conflicting viewpoints advanced by the examiner and the appellants regarding the rejections, we make reference to the final rejection (Paper No. 23) for the reasoning in support of the rejections, and to the Appellant’s Brief (Paper No. 27). The Rejection Under 35 U.S.C. § 103 The test for obviousness is what the combined teachings of the prior art would have suggested to one of ordinary skill in the art. See, for example, In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981). In establishing a prima facie case of obviousness, it is incumbent upon the examiner to provide a reason why one of ordinary skill in the art would 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007