Appeal No. 1998-2159 Page 3 Application No. 08/539,892 mailed April 14, 1998) for the examiner's complete reasoning in support of the rejection, and to the brief (Paper No. 9, filed January 26, 1998) and reply brief (Paper No. 11, filed May 26, 1998) for the appellants' arguments thereagainst. OPINION In reaching our decision in this appeal, we have given careful consideration to the appellants' specification and claims, to the applied prior art references, and to the respective positions articulated by the appellants and the examiner. Upon evaluation of all the evidence before us, it is our conclusion that the evidence adduced by the examiner is insufficient to establish a prima facie case of obviousness with respect to the claims under appeal. Accordingly, we will not sustain the examiner's rejection of claims 1 to 4 under 35 U.S.C. § 103. Our reasoning for this determination follows. In rejecting claims under 35 U.S.C. § 103, the examiner bears the initial burden of presenting a prima facie case of obviousness. See In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993). A prima facie case ofPage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007