Appeal No. 1997-3730
Application No. 08/095,147
(1988); Ashland Oil, Inc. v. Delta Resins & Refractories,
Inc.,
776 F.2d 281, 293, 227 USPQ 657, 664 (Fed. Cir. 1985), cert.
denied, 475 U.S. 1017 (1986); ACS Hosp. Sys., Inc. v.
Montefiore Hosp., 732 F.2d 1572, 1577, 221 USPQ 929, 933 (Fed.
Cir. 1984). These showings by the Examiner are an essential
part
of complying with the burden of presenting a prima facie case
of
obviousness. Note In re Oetiker, 977 F.2d 1443, 1445, 24
USPQ2d
1443, 1444 (Fed. Cir. 1992).
With respect to the Examiner’s obviousness rejection of
independent claims 1 and 7, Appellants assert (Brief, page 19)
that the Examiner has failed to establish a prima facie case
of obviousness since none of the references suggest any reason
why they might be combined. Further, Appellants assert that,
even if the references could be combined, the resulting
combination would not meet the requirements of the claimed
invention.
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