Appeal No. 1998-0880
Application No. 08/649,909
Claims 2 through 4, 8, 12 through 14, 16 and 18 stand
rejected under 35 U.S.C. § 103(a) as being unpatentable over
Nakatani in view of Kamiguchi.
Rather than repeat the arguments of Appellants or the
Examiner, we make reference to the brief and the answer for
the details thereof.
OPINION
After a careful review of the evidence before us, we will
not sustain the rejection of claims 2 through 4, 8, 12 through
14, 16 and 18 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 reasonable teachings or suggestions found in
the prior art, or by a reasonable inference to the artisan
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
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