Ex Parte JACKSON - Page 7



          Appeal No. 2000-0004                                       Page 7           
          Application No. 08/872,004                                                  

          sustain this rejection because the appellant has not specifically           
          addressed this rejection and the appellant has indicated that               
          these claims stand or fall with claim 1 (See brief at page 3).              
               In regard to the rejection of claims 7 through 10, and 12              
          through 15 under 35 U.S.C.  103 as being unpatentable over                 
          McBride in view of Hasselquist, we initially note that 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 the reference teachings             
          would appear to be sufficient for one of ordinary skill in the              
          relevant art having the references before him to make the                   
          proposed combination or other modification.  See In re Lintner,             
          9 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA 1972).  Furthermore,             
          the conclusion that the claimed subject matter is prima facie               
          obvious must be supported by evidence, as shown by some objective           
          teaching in the prior art or by knowledge generally available to            
          one of ordinary skill in the art that would have led that                   
          individual to combine the relevant teachings of the references to           
          arrive at the claimed invention.  See In re Fine, 837 F.2d 1071,            







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