Appeal No. 1997-0811 Application No. 08/240,554 825 (1988); Ashland Oil, Inc. v. Delta Resins & Refractories, Inc., 776 F.2d 281, 293, 227 USPQ 657, 664 (Fed. Cir. 1985), cert. denied, 475 U.S. 1017 (1986); ACS Hosp. Sys., Inc. v. Montefiore Hosp., 732 F.2d 1572, 1577, 221 USPQ 929, 933 (Fed. Cir. 1984). These showings by the examiner are an essential part of complying with the burden of presenting a prima facie case of obviousness. Note In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). We consider first the rejection of claims 1-3, 5-7, 9- 12, 17 and 18 as unpatentable over Schoolman in view of Heilig. With respect to independent claim 1, the examiner asserts that Heilig essentially teaches the claimed invention except for the recitation of a reflection plate in the image transfer units. The examiner cites Schoolman as teaching the use of reflection plates in a head mounted stereoscopic display. The examiner concludes that it would have been obvious to the artisan to add Schoolman’s reflecting plate to the Heilig device [answer, pages 3-4]. Appellants point to several features of independent 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007