Appeal No. 2001,0712
Application 08/148,887
132 USPQ 6, 8 (CCPA 1961); In re Cofer, 354 F.2d 664, 668,
148 USPQ 268, 271-72 (CCPA 1966). Furthermore, our
reviewing court states in In re Piasecki, 745 F.2d at 1472,
223 USPQ at
788 the following:
The Supreme Court in Graham v. John Deere
Co., 383 U.S. 1 (1966), focused on the
procedural and evidentiary processes in
reaching a conclusion under Section 103.
As adapted to ex parte procedure, Graham is
interpreted as continuing to place the
"burden of proof on the Patent Office which
requires it to produce the factual basis
for its rejection of an application under
section 102 and 103". Citing In re Warner,
379 F.2d 1011, 1016, 154 USPQ 173, 177
(CCPA 1967).
Therefore, we will not sustain the rejections of
claims 11-21 under 35 U.S.C. § 103 as being unpatentable over
Hitchcock in view of Chi.
23
Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: November 3, 2007