Appeal No. 1998-1445 Page 6
Application No. 08/489,680
If the examiner fails to establish a prima facie
case, the rejection is improper and will be
overturned.
In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598
(Fed. Cir. 1988).
With these principles in mind, we address the examiner's
rejection and the appellants' argument.
Admitting that Wilkenloh "does not disclose the
corresponding stiffness of the dielectric," (Examiner's Answer
at 5), the examiner alleges that the stiffness "is inherent
from the density characteristic [of the dielectric]." (Id.)
The appellants argue, "the compressive stiffness of the
dielectric material is dependent not only upon the density of
the dielectric material, but also other factors, such as the
cell structure of the dielectric is material, and is therefore
not 'inherent from the density characteristic' ...." (Appeal
Br. at 13.)
Claims 9-11, 13-20, and 22-25 specify in pertinent part
the following limitations: "said dielectric material has ... a
corresponding predetermined compressive stiffness of at least
1000 pounds per linear inch ...." Accordingly, the
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