Ex parte DANNENBERG - Page 7

              Appeal No. 1997-1783                                                                                         
              Application No. 08/421,016                                                                                   

              USPQ2d 1210, 1214 (Fed. Cir. 1995).  In the absence of a proper prima facie case of                          
              obviousness, an applicant who complies with the other statutory requirements is                              
              entitled to a patent.   See In re Oetiker, 977 F.2d 1443, 1445,  24  USPQ2d 1443, 1444                       

              (Fed. Cir. 1992).  On appeal to the Board, an applicant can overcome a rejection by                          
              showing insufficient evidence of prima facie obviousness or by rebutting the prima facie                     
              case with evidence of secondary indicia of nonobviousness.”  In re Rouffet, 149 F.3d                         

              1350, 1355, 47 USPQ2d 1453 (CAFC 1998).  Here, we find that appellant has over- come                         
              the prima facie case of obviousness by showing insufficient evidence by the examiner of                      
              nonobviousness.  Therefore, we will not sustain the rejection of claim 1 nor its dependent                   
              claims 2 and 3.                                                                                              
                     Similarly, independent claims 4 and 7 contain language to the programming and                         
              storage of movement speed data defining speed at which the gauge movement is to move                         
              when the microprocessor acts on gauge signal data commanding a change in the position                        
              of the gauge movement.  Therefore, we will not sustain the rejection of claims 4 and 7 and                   
              their dependent claims 5, 6, and 8.                                                                          



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