Ex parte TAKEUCHI - Page 5




          Appeal No. 1998-0915                                                        
          Application No. 08/441,194                                                  


          227 USPQ 657, 664 (Fed. Cir. 1985), cert. denied, 475 U.S.                  
          1017 (1986); ACS Hosp. Sys., Inc. v. Montefiore Hosp., 732                  
          F.2d 1572, 1577, 221 USPQ 929, 933 (Fed. Cir. 1984).  These                 
          showings by the examiner are an essential part of complying                 
          with the burden of presenting a prima facie case of                         
          obviousness.  Note In re Oetiker, 977 F.2d 1443, 1445, 24                   
          USPQ2d 1443, 1444 (Fed. Cir. 1992).  If that burden is met,                 
          the burden then shifts to the applicant to overcome the prima               
          facie case with argument and/or evidence.  Obviousness is then              
          determined on the basis of the evidence as a whole and the                  
          relative persuasiveness of the arguments.  See Id.; In re                   
          Hedges, 783 F.2d 1038, 1039, 228 USPQ 685, 686 (Fed. Cir.                   
          1986); In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788               
          (Fed. Cir. 1984); and In re Rinehart, 531 F.2d 1048, 1052, 189              
          USPQ 143, 147 (CCPA 1976).  Only those arguments actually made              
          by appellant have been considered in this decision.  Arguments              
          which appellant could have made but chose not to make in the                
          brief have not been considered [see 37 CFR  1.192(a)].                     
          The examiner’s position and appellant’s position are                        
          adequately set forth in the several entered briefs and the                  
          several examiner’s answers.  We essentially base our decision               
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