Appeal No. 1997-2986
Application No. 08/260,784
C. The references and ground of rejection
The references relied on by the examiner are:
Levine 4,554,635 Nov. 19,
1985
Taijonlahti et al. 5,317,516 May
31, 1994
(Taijonlahti)
Claims 1-6, 11-16, and 20-23 stand rejected under 35
U.S.C. § 103 as unpatentable for obviousness over Levine in
view of Taijonlahti.
D. The level of skill in the art
The level of skill in the art is represented by the
references. See In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210,
214 (CCPA 1978) ("the PTO usually must evaluate both the scope
and content of the prior art and the level of ordinary skill
solely on the cold words of the literature"); In re GPAC Inc.,
57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995)
(Board did not err in adopting the approach that the level of
skill in the art was best determined by the references of
record).
E. Appellant's burden of persuasion on appeal
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