Ex parte NIELSEN et al. - Page 7




          Appeal No. 2000-0141                                       Page 7           
          Application No. 08/673,693                                                  


          additional bandwidth to an area of a display in which a user                
          is most interested.                                                         


               Having determined what subject matter is being claimed,                
          the next inquiry is whether the subject matter is anticipated               
          or obvious.  “In rejecting claims under 35 U.S.C. Section 103,              
          the examiner bears the initial burden of presenting a prima                 
          facie case of obviousness.”  In re Rijckaert, 9 F.3d 1531,                  
          1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993)(citing In re                    
          Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.               
          1992)).  "’A prima facie case of obviousness is established                 
          when the teachings from the prior art itself would appear to                
          have suggested the claimed subject matter to a person of                    
          ordinary skill in the art.’"  In re Bell, 991 F.2d 781, 782,                
          26 USPQ2d 1529, 1531 (Fed. Cir. 1993) (quoting In re Rinehart,              
          531 F.2d 1048, 1051, 189 USPQ 143, 147 (CCPA 1976)).                        
          Furthermore, “[t]o establish inherency, the extrinsic evidence              
          ‘must make clear that the missing descriptive matter is                     
          necessarily present in the thing described in the reference,                
          and that it would be so recognized by persons of ordinary                   








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