Appeal No. 1999-2755
Application No. 08/599,105
It is also argued by the appellant that the AAPA and the
Takahashi document are not combinable because they lack the
requisite motivation or suggestion to combine them (brief, pp.
5 and 6). We do not share this view. As articulated, supra,
we determined that the evidence of obviousness would have
certainly provided ample incentive or motivation to one having
ordinary skill in the art for combining the applied teachings.
Accordingly, we find that a prima facie case of
obviousness has been established, which the appellant has not
sought to rebut by any objective evidence of nonobviousness.
In re Huang, 100 F.3d 135, 139, 40 USPQ2d 1685, 1689 (Fed.
Cir. 1996).
In summary, this panel of the Board has affirmed the
decision of the examiner to reject claims 1, 5 and 11 under
35 U.S.C. § 103.
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