Appeal No. 2000-2163 Page 3
Application No. 08/922,521
rejection, we make reference to the final rejection (Paper No.
4, mailed January 19, 1999) and the answer (Paper No. 13,
mailed March 22, 2000) for the examiner's complete reasoning
in support of the rejection, and to the brief (Paper No. 12,
filed December 23, 1999) and reply brief (Paper No. 14, filed
May 11, 2000) for the appellants' arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellant's specification and
claims, to the applied prior art, and to the respective
positions articulated by the appellant 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 claims under appeal. Accordingly, we will not sustain the
examiner's rejection of claims 1 to 6 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
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