Ex parte AKINS - Page 5




          Appeal No. 1997-3719                                       Page 5           
          Application No. 08/559,156                                                  


          not sustain the examiner's rejection of claims 1, 3 and 8 to                
          12 under 35 U.S.C. § 103.  Our reasoning for this                           
          determination follows.                                                      


               In rejecting claims under 35 U.S.C. § 103, the examiner                
          bears the initial burden of presenting a prima facie case of                
          obviousness.  See In re Rijckaert, 9 F.3d 1531, 1532, 28                    
          USPQ2d 1955, 1956 (Fed. Cir. 1993).  A prima facie case of                  
          obviousness is established by presenting evidence that would                
          have led one of ordinary skill in the art to combine the                    
          relevant teachings of                                                       
























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