Appeal No. 1998-0372
Application No. 08/533,585
The allocation of burdens requires that the USPTO produce the factual basis for its
rejection of an application under 35 U.S.C. § § 102 and 103. In re Piasecki, 745 F.2d
1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984)(citing In re Warner, 379 F.2d 1011,
1016, 154 USPQ 173, 177 (CCPA 1967)). The one who bears the initial burden of
presenting a prima facie case of unpatentability is the examiner. In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). We do not consider a prima facie
case of obviousness to have been established with respect to the subject matter as a
whole of Claim 21.
Since Claims 23 through 25 contain at least the limitations of base Claim 21, we do
not sustain the rejection of Claims 21 and 23 through 25.
CONCLUSION
The rejection of Claims 21 and 23-25 is reversed.
The rejection of Claims 26-28 is affirmed.
-7-
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007