Appeal No. 1998-0669 Page 4
Application No. 08/507,194
Claims 1-29 stand rejected under 35 U.S.C. § 103 as
obvious over Watanabe. Rather than repeat the arguments of
the appellant or examiner in toto, we refer the reader to the
briefs and answers for the respective details thereof.1
OPINION
In reaching our decision in this appeal, we considered
the subject matter on appeal and the rejections advanced by
the examiner. Furthermore, we duly considered the arguments
and evidence of the appellant and examiner. After considering
the totality of the record, we are persuaded that the examiner
erred in rejecting claims 1-29. 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. § 103, the
examiner bears the initial burden of presenting a
1We rely on and refer to the amended appeal brief, (Paper
No. 11), in lieu of the original appeal brief, (Paper No. 8),
because the latter was defective. (Paper No. 10.)
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007