Ex parte KAUFMAN et al. - Page 4




          Appeal No. 2000-2035                                       Page 4           
          Application No. 08/844,282                                                  


          insufficient to establish a prima facie case of obviousness                 
          with respect to the claims under appeal.  Accordingly, we will              
          not sustain the examiner's rejection of claims 2, 6-8, 10, 11,              
          17 and 19 under 35 U.S.C. § 103.  Our reasoning for this                    
          determination follows.                                                      


               In rejecting claims under 35 U.S.C. § 103, the examiner                
          bears the initial burden of presenting a prima facie case of                
          obviousness.  See In re Rijckaert, 9 F.3d 1531, 1532, 28                    
          USPQ2d 1955, 1956 (Fed. Cir. 1993).  A prima facie case of                  
          obviousness is established by presenting evidence that would                
          have led one of ordinary skill in the art to combine the                    
          relevant teachings of the references to arrive at the claimed               
          invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d                   
          1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013,               
          1016, 173 USPQ 560, 562 (CCPA 1972).                                        


               Claim 17, the sole independent claim on appeal, reads as               
          follows:                                                                    
                    An easy-open beverage container in the form of a                  
               flexible pouch in which a beverage therein is consumed                 
               through a straw comprising:                                            







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