Appeal No. 1997-3478
Application 08/397,648
We find that the examiner, at pages 3 to 5 of the Answer,
has met his burden of establishing a prima facie case of
obviousness. The examiner, by pointing to Figure 9 of Fujita,
has established a reasonable likelihood that the back wall 41
of the rectangular recess of Fujita’s disc cassette 40 is
inclined or angled. Accordingly, the burden is then shifted
to appellants to demonstrate nonobviousness based on the
evidence as a whole and the relative persuasiveness of the
arguments.
We find, however, that appellants have successfully
rebutted the prima facie case presented by the examiner. We
are persuaded by the weight of the evidence and appellants’
arguments that Fujita does not fairly teach or suggest an
angled or inclined back wall. Specifically, we agree with
appellants (Brief, pages 8 to 9) that because Figure 5 of
Fujita fails to show two lines corresponding to the back wall
of the rectangular recess, no incline of that wall is
disclosed. In addition, we note our agreement with appellants
(Brief, page 6) that nowhere in the text of Fujita is the back
wall described as being angled or inclined. Furthermore, we
find that there is no motivation or suggestion in Fujita for
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