Appeal No. 1998-2602
Application 08/303,158
The Examiner relies on the following references:
Von Kohorn 5,227,874 Jul. 13, 1993
Ushiki et al. (Ushiki)2 5,438,356 Aug. 1, 1995
(Filing date: May 19, 1993)
Claims 1, 7, 10, 14, 16 and 19 stand rejected under
35 U.S.C. § 103 over Ushiki and Von Kohorn.
Rather than repeat in toto the positions and the arguments
of Appellant or the Examiner, we make reference to the brief and
the answer for their respective positions.
OPINION
We have considered the rejection advanced by the Examiner.
We have, likewise, reviewed Appellant’s arguments against the
rejection as set forth in the brief.
We affirm.
In rejecting a claim under 35 U.S.C. § 103, an examiner is
under a burden to make out a prima facie case of obviousness. If
that burden is met, the burden of going forward then shifts to
2
2The instant application was filed on September 8, 1994, and
is a continuation-in-part of 08/002,998, filed on January 11,
1993, which was in turn a continuation-in-part of 07/832,335,
filed on February 7, 1992. Thus, even though the grand parent-
in-part dates before the filing date of the Ushiki reference,
Appellant has not raised the issue of the possibility of the
benefit of the earlier filing date. We assume that the Ushiki
reference is valid against the claims on appeal in accordance
with the final rejection on appeal.
3
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