Appeal No. 1997-4428
Application 08/259,634
Claims 1 through 5, 8 through 11, 14 through 16, 24
through 31, 34 through 39, and 42 through 51 stand rejected
under 35 U.S.C. § 103 as being unpatentable over DeMoore in
view of Kobler.
Rather than reiterate the arguments of Appellants and the
Examiner, reference is made to the briefs and answer for the1
respective details thereof.
OPINION
We will not sustain the rejection of claims 1 through 5,
8 through 11, 14 through 16, 24 through 31, 34 through 39, and
42 through 51 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
1The Appellants filed an appeal brief on February 19,
1997. Appellants filed a reply brief on November 10, 1997.
On July 9, 1998, the Examiner mailed a communication stating
that the reply brief has been entered and considered.
3
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