Appeal No. 1998-0706
Application 08/166,279
The rejections before us are based on the following U.S.
patents:
Allen et al. (Allen) 4,667,287 May 19, 1987
Bione et al. (Bione) 4,707,827 Nov. 17, 1987
Claims 8, 12, 16, and 30-39 stand rejected under 35
U.S.C. § 103(a) for obviousness over Allen.
Claims 17, 20, 26, and 27 stand rejected under 35 U.S.C.
§ 103(a) for obviousness over Allen in view of Bione.
D. Appellants' burden of persuasion on appeal
Appellants bear the burden of showing that the evidence
on which the examiner relies is insufficient to establish a
prima facie case of obviousness or that appellants have
provided evidence which rebuts the prima face case of
obviousness. See In re Rouffet, 149 F.3d 1350, 1355 47 USPQ2d
1453, 1455 (Fed. Cir. 1998):
To reject claims in an application under section
103, an examiner must show an unrebutted prima facie
case of obviousness. See In re Deuel, 51 F.3d 1552,
1557, 34 USPQ2d 1210, 1214 (Fed. Cir. 1995). In the
absence of a proper prima facie case of obviousness,
an applicant who complies with the other statutory
requirements is entitled to a patent. See In re
Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992). On appeal to the Board, an
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