Appeal No. 2000-2054 Page 4
Application No. 08/661,593
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellants' specification and
claim 1, to the applied prior art references, and to the
respective positions articulated by the appellants and the
examiner. Upon evaluation of all the evidence before us, it
is our conclusion that the evidence adduced by the examiner is
insufficient to establish a prima facie case of obviousness
with respect to the claim under appeal. Accordingly, we will
not sustain the examiner's rejection of claim 1 under 35
U.S.C. § 103. Our reasoning for this determination follows.
In rejecting a claim 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
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