Ex parte AKUTSU et al. - Page 6




          Appeal No. 1998-2142                                       Page 6           
          Application No. 08/125,189                                                  


               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. Section 103, the                   
               examiner bears the initial burden of presenting a                      
               prima facie case of obviousness.  In re Oetiker,                       
               977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.                   
               1992)....  "A prima facie case of obviousness is                       
               established when the teachings from the prior art                      
               itself would appear to have suggested the claimed                      
               subject matter to a person of ordinary skill in the                    
               art."  In re Bell, 991 F.2d 781, 782, 26 USPQ2d                        
               1529, 1531 (Fed. Cir. 1993) (quoting In re Rinehart,                   
               531 F.2d 1048, 1051, 189 USPQ 143, 147 (CCPA 1976)).                   

          With these principles and finding in mind, we consider the                  
          examiner's rejection and appellants' argument.                              


               The examiner alleges, "it would be [sic] obvious to one                
          having ordinary skill in the art ... to provide one of the                  
          conductive layers 150 or 152 of Nakajima et al with a line-                 
          shaped pattern electrode so that a more uniform temperature                 
          distribution in the circumferential direction of the roller is              
          achieved, as suggested by Satomura ...." (Examiner's Answer at              
          8.)  The appellants argue, "[i]n such a combination, the                    
          current supplied to one of the electrodes 5A or 5B would flow               








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