Appeal No. 1999-2032 Page 4
Application No. 08/661,303
rejection, we make reference to the answer (Paper No. 15,
mailed February 22, 1999) for the examiner's complete
reasoning in support of the rejection, and to the brief (Paper
No. 14, filed December 30, 1998) for the appellants' arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellants' specification and
claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the
examiner. Upon evaluation of all the evidence before us, it
is our conclusion that the evidence adduced by the examiner is
insufficient to establish a prima facie case of obviousness
with respect to the claims under appeal. Accordingly, we will
not sustain the examiner's rejection of claims 1 to 5, 8, 9,
11 to 19, 21 to 26, 28 to 33 and 35 to 39 under 35 U.S.C. §
103. Our reasoning for this determination follows.
In rejecting claims under 35 U.S.C. § 103, the examiner
bears the initial burden of presenting a prima facie case of
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