Appeal No. 1997-0183
Application 08/206,623
The initial burden is on the examiner to establish a
prima facie case of obviousness. In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). For the
foregoing reasons, we determine that the examiner has not
established a prima facie case of obviousness. Accordingly,
the examiner’s rejection of the claims on appeal is reversed.
Because we reverse on the basis of failure to establish a
prima facie case of obviousness, we need not reach the issue
of the sufficiency of the Daly Declaration under 37 CFR §
1.132 (see Appendix 1 attached to the Brief).
The decision of the examiner is reversed.
REVERSED
ADRIENE LEPIANE HANLON )
Administrative Patent Judge )
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) BOARD OF PATENT
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