Appeal No. 1997-1888 Page 9
Application No. 08/221,467
--The 35 U.S.C. § 103 rejection over McCarten in view of
Kiuchi--
Upon evaluation of all the evidence before us, it is our
conclusion that the evidence adduced by the examiner is not
sufficient to establish a prima facie case of obviousness with
respect to claims 2-12, 14, 16, 21, 23, 39, 40, 42, 43 and 46.
Accordingly, we will not sustain the examiner's rejection of
these claims under 35 U.S.C. § 103 as being unpatentable over
McCarten in view of Kiuchi.
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 the
7 Claimed features are required to be shown, pursuant to 37 CFR 1.83(a), in a
drawing. Amendment of the drawing to show the obtuse angle of claim 52 should
be addressed by the appellants and/or the examiner during any further
prosecution.
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