Appeal No. 1997-3956
Application 08/583,960
Rather than reiterate the arguments of Appellant and
Examiner, reference is made to the brief and answer for 1
further details thereof.
OPINION
We will not sustain the rejection of claim 6 under 35
U.S.C. § 103.
The Examiner has failed to set forth a prima facie case.
It is the burden of the Examiner to establish why one having
ordinary skill in the art would have been led to the claimed
invention by the express teachings or suggestions found in the
prior art, or by implications contained in such teachings or
suggestions. In re Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6
(Fed Cir. 1983). "Additionally, when determining obviousness,
the claimed invention should be considered as a whole; there
is no legally recognizable 'heart' of the invention." Para-
Ordnance Mfg. v. SGS Importers Int'l, Inc., 73 F.3d 1085,
1Appellant filed a reply brief on October 6, 1997.
Examiner responded with a letter dated December 19, 1997
stating that the reply brief has not been entered into the
record and therefore is not for our consideration.
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