Appeal No. 1997-1572
Application 07/792,534
Rather than repeat the arguments of Appellant or the
Examiner, we make reference to the briefs and the answer for 3
the respective details thereof.
OPINION
We have considered the rejections advanced by the
Examiner and the supporting arguments. We have, likewise,
reviewed Appellant’s arguments set forth in the briefs.
We affirm.
In our analysis, we are guided by the general proposition
that in an appeal involving a rejection under 35 U.S.C. § 103,
an examiner is under a burden to make out a prima facie case
of obviousness. If that burden is met, the burden of going
3 There are three entries in the record marked as appeal
briefs [paper nos. 20, 28 and 30]. The Examiner withdrew the
final rejection on which the first brief was based. The
second brief was non-compliant with the rules. The third
brief [paper no. 30] is for this appeal. A reply brief was
filed [paper no. 32] and was entered in the record by the
Examiner without any further response [paper no. 34].
4
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