Appeal No. 1997-3995
Application No. 07/952,303
must demonstrate that each claim of the application is
unpatentable over a single claim of a patent. This
demonstration should contain a showing of what is recited in
each respective claim of the application and the corresponding
respective single claim of the patent. An analysis of the
differences between these claims should then be provided.
Finally, a discussion as to why the artisan would have found
it obvious to modify the claim of the patent or to combine the
claim with additional prior art teachings to arrive at the
application claim must be presented by the examiner. The
examiner’s demonstration here contains none of these showings.
Since the examiner has not made a proper obviousness analysis
with respect to each of the appealed claims, we will not
sustain the double patenting rejection because the examiner
has not met his initial burden of presenting a prima facie
case of unpatentability.
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