Appeal No. 1998-0223
Application No. 08/351,749
Claims 1 to 4, 15 and 16 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Humble '343 alone, while for
the rejection of claims 5 to 8 the Examiner adds Humble '018.
Rather than repeat the arguments of Appellants and the
Examiner, we make reference to the Briefs and the Answer for
the
respective details thereof.
OPINION
We have considered the rejections advanced by the
examiner and the supporting arguments. We have likewise
reviewed the Appellants' arguments set forth in the Briefs.
We reverse.
In our analysis, we are guided by the general proposition
that in an appeal involving a rejection under 35 U.S.C. § 103,
an examiner is under a burden to make out a prima facie case
of obviousness. If that burden is met, the burden of going
forward then shifts to the applicant to overcome the prima
facie case with argument and/or evidence. Obviousness, is
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