Appeal No. 1997-0895
Application 08/286,107
OPINION
After a careful review of the evidence before us, we
will sustain the rejection of claims 26, 34 and 49 through 66
under 35 U.S.C. § 103.
At the outset, we note that Appellants have
indicated on page 3 of the brief the claims stand or fall
together. Accordingly, we will select claim 26 as the
representative claim in accordance with 37 CFR § 1.192(c)(7),
effective at the time the brief was filed.
The Examiner has set forth a prima facie case. It
is the burden of the Examiner to establish why one having
ordinary skill in the art would have been led to the claimed
invention by the reasonable teachings or suggestions found in
the prior art, or by a reasonable inference to the artisan
contained in such teachings or suggestions. In re Sernaker,
702 F.2d 989, 995, 217 USPQ 1, 6 (Fed. Cir. 1983).
The Examiner reasons that Hedberg teaches the
claimed invention, except that it does not expressly state
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