Ex parte HOFMEISTER - Page 7




          Appeal No. 1999-0282                                       Page 7           
          Application No. 08/716,995                                                  


          disclose the claimed "substrate support" as recited in claim                
          17.                                                                         


               Since all the limitations of independent claims 1 and 17,              
          as well as claims 2 through 4, 6 through 9, 11 through 16, 18               
          and 19 dependent thereon, are not disclosed in Muka, the                    
          decision of the examiner to reject claims 1 through 4, 6                    
          through 9 and 11 through 19 under 35 U.S.C. § 102(e) is                     
          reversed.                                                                   


          The obviousness issues                                                      
               We will not sustain the rejection of claims 5, 10 and 20               
          through 22 under 35 U.S.C. § 103.                                           


               In rejecting claims under 35 U.S.C. § 103, 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).  A prima facie case of                  
          obviousness is established by presenting evidence that would                
          have led one of ordinary skill in the art to combine the                    
          relevant teachings of the references to arrive at the claimed               







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