Appeal No. 1998-0158 Page 4
Application No. 08/427,587
Claims 10-12 stand rejected under 35 U.S.C. § 103 as
obvious over Yohda in view of Nanba or Takeshita. Rather than
repeat the arguments of the appellants or examiner in toto, we
refer the reader to the brief and answer for the respective
details thereof.
OPINION
In reaching our decision in this appeal, we considered
the subject matter on appeal and the rejection advanced by
the examiner. Furthermore, we duly considered the arguments
and evidence of the appellants and examiner. After
considering the totality of the record, we are persuaded that
the examiner erred in rejecting claims 10-12. Accordingly, we
reverse.
We begin by noting the following principles from In re
Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir.
1993).
In rejecting claims under 35 U.S.C. Section 103, the
examiner bears the initial burden of presenting a
prima facie case of obviousness. In re Oetiker, 977
F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.
1992). Only if that burden is met, does the burden
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