Ex parte MADAN et al. - Page 5




          Appeal No. 1997-0956                                                        
          Application No. 08/313,488                                                  
          applied prior art, including all of the arguments advanced by               
          the                                                                         
          examiner and appellants.  This evaluation leads us to conclude              
          that the examiner’s § 103 rejections are not well founded for               
          the reasons well articulated by appellants at pages 3-11 of                 
          the Brief.  We only add that the examiner needs to carry his                
          burden                                                                      




          of establishing a prima facie case of obviousness regarding                 
          each                                                                        
          and every limitation recited in the claims on appeal before he              
          can require appellants to provide rebuttal evidence, such as a              
          showing of unexpected results.  See, e.g., In re Oetiker, 977               
          F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992); In re               
          Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 177-78 (CCPA 1967).              
          Accordingly, for the reasons expressed by appellants at pages               
          3 through 11 of the Brief, and the reason indicated above, we               
          reverse the examiner’s decision rejecting all of the appealed               
          claims under 35 U.S.C. § 103.                                               



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