Ex parte MAHALEK et al. - Page 5




          Appeal No. 1999-1661                                                        
          Application No. 08/801,862                                                  

          to make out a prima facie case of obviousness.  If that burden              
          is met, the burden of going forward then shifts to Appellants               
          to overcome the prima facie case with argument and/or                       
          evidence.  Obviousness is then determined on the basis of the               
          evidence as a whole and the relative persuasiveness of the                  
          arguments.  See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d               
          1443, 1444 (Fed. Cir. 1992); In re Hedges, 783 F.2d 1038,                   
          1039, 228 USPQ 685, 686 (Fed. Cir. 1986); In re Piasecki, 745               
          F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984); and In re              
          Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976).               
          Arguments which Appellants could have made but elected not to               
          make in the Briefs have not been considered in this decision                
          (note 37 CFR  1.192).                                                      
               With respect to independent claim 1, the Examiner has                  
          addressed how the various limitations are suggested by Kramer.              
          In particular, the Examiner has restated his original position              
          expressed in the final rejection with regard to the claimed                 
          “distance sensor.”  The Examiner now asserts that it would                  
          have been obvious to the skilled artisan to consider the drain              
          wires 30 and 31, arranged in cavity A+B, which actuate a                    
          signal when walls 26 and 28 come into contact with each other,              

                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007