Appeal No. 1997-3253
Application 08/357,196
court states in In re Piasecki, 745 F.2d at 1472, 223 USPQ at
788, the following:
The Supreme Court in Graham v. John Deere Co., 383
U.S. 1 (1966), focused on the procedural and
evidentiary processes in reaching a conclusion under
Section 103. As adapted to ex parte procedure,
Graham is interpreted as continuing to place the
"burden of proof on the Patent Office which requires
it to produce the factual basis for its rejection of
an application under section 102 and 103". Citing
In re Warner, 379 F.2d 1011, 1016, 154 USPQ 173, 177
(CCPA 1967).
We have not sustained the rejection of claims 1 through
20 under 35 U.S.C. § 103. Accordingly, the Examiner's
decision is reversed.
REVERSED
LEE E. BARRETT )
Administrative Patent Judge )
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