Appeal No. 1998-0235 Page 3
Application No. 08/709,764
rejection, we make reference to the answer (Paper No. 11,
mailed October 24, 1997) for the examiner's complete reasoning
in support of the rejection, and to the brief (Paper No. 10,
filed June 25, 1997) and reply brief (Paper No. 12, filed
November 5, 1997) for the appellant's 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 references, 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, 4, 5 and 8
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 obviousness.
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