Appeal No. 1998-0561
Application 08/340,339
OPINION
We will not sustain the rejection of claims 1
through 7 and 9 through 17 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
(Fed. Cir. 1983). "Additionally, when determining
obviousness,
the claimed invention should be considered as a whole; there
is
no legally recognizable 'heart' of the invention." Para-
Ordnance Mfg. v. SGS Importers Int'l, Inc., 73 F.3d 1085,
1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995), cert. denied, 519
U.S. 822 (1996) citing W. L. Gore & Assoc., Inc. v. Garlock,
4
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