Appeal No. 1998-3264
Application No. 08/345,371
We refer to the several briefs and answers respectively
for a complete exposition of the opposing viewpoints expressed
by the appellants and the examiner concerning the above noted
rejections.
OPINION
We cannot sustain any of the rejections advanced by the
examiner on this appeal.
It is well settled that the examiner bears the initial
burden, on review of the prior art or on any other ground, of
presenting a prima facie case of unpatentability. In re
Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.
1992). In each of the rejections under consideration, the
examiner has failed to carry his initial burden of presenting
the requisite prima facie case.
Concerning the section 112, second paragraph, rejection,
the comments made by the examiner in his answer regarding a
section 112 position have no discernible relationship at all
to the issue of claim particularity and distinctness. It is
clear, therefore, that the examiner has not even attempted
much less succeeded in carrying his initial burden with
4
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007