Appeal No. 1997-4226
Application 08/501,152
before us there must be adequate support in the prior art for the ester/thioester change in structure, in
order to complete the PTO’s prima facie case and shift the burden of going forward to the applicant.”).
To the extent that a prima facie case of obviousness had been made out by the examiner over
Schnur, the factual arguments presented by appellants in rebuttal shifted the burden back to the
examiner to again establish the factual underpinning of a prima facie case under § 103(a) in order to
maintain each of the grounds of rejection. See, e.g., Oetiker, supra. This the examiner has not done.
The examiner’s decision is reversed.
Reversed
CHARLES F. WARREN )
Administrative Patent Judge )
)
)
)
PETER F. KRATZ ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JEFFREY T. SMITH )
Administrative Patent Judge )
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