Appeal No. 1998-0129 Page 20
Application No. 08/438,062
examiner has established a prima facie case of obviousness of
the invention of claim 4 under 35 U.S.C. § 103 as unpatentable
over Miller in view of McMillan. As the examiner has met the
burden of establishing a prima facie case, the burden now
shifts to the appellants to overcome the prima facie case with
argument and/or evidence. Obviousness will then be determined
on the basis of the evidence as a whole.
We make reference to our earlier findings with regard to
the Araujo Declaration. In addition, the Araujo Declaration
(page 2, paragraph 6)states that “Exhibit B to this
Declaration includes photostatic copies of supportive
information that Matsushita supplied to the Okouchi Foundation
prior to receiving the award.” We take note of the fact that
Exhibit B of the Araujo Declaration specifically lists that
the BST is formulated as Ba Sr TiO .
0.7 0.3 3
Upon reevaluating anew the evidence of obviousness
presented by the examiner along with the evidence of
nonobviousness relied upon by appellants, we conclude that the
evidence of obviousness substantially outweighs the evidence
of nonobviousness for the reasons outlined above.
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