Appeal No. 1998-0085
Application 08/343,540
reviewing court states in In re Piasecki, 745 F.2d at 1472, 223
USPQ at 788 (Fed. Cir. 1984) the following:
The Supreme Court in Graham v. John Deere Co., 383 U.S.
1, 86 S.Ct. 684, 15 L.Ed.2d 545, 148 USPQ 459 (1966),
focused on the procedural and evidentiary processes in
reaching a conclusion under section 103. As adapted to
ex parte procedure, Graham is interpreted as continuing
to place the “burden of proof on the Patent Office which
requires it to produce the factual basis for its
rejection of an application under sections 103 and 103.”
Citing In re Warner, 379 F.2d 1011, 1016, 154 USPQ 173,
177 (CCPA 1967).
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