Ex parte MILAZZO et al. - Page 3




                 Appeal No. 1998-0824                                                                                                                   
                 Application No. 08/621,767                                                                                                             


                 submitted by the Appellants in view of the teachings of                                                                                
                 Takahashi.                                                                                                                             
                          Rather than reiterate the arguments of Appellants and the                                                                     
                 Examiner, reference is made to the brief  and answer  for the           1                    2                                         
                 respective details thereof.                                                                                                            
                                                                     OPINION                                                                            
                          We will not sustain the rejection of claims 1 through 37                                                                      
                 under 35 U.S.C. § 103.                                                                                                                 
                          In rejecting claims under 35 U.S.C. § 103, the Examiner                                                                       
                 bears the initial burden of establishing a prima facie case of                                                                         
                 obviousness.  In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ                                                                              
                 1443, 1444 (Fed. Cir. 1992).  See also In re Piasecki, 745                                                                             
                 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984).  The                                                                              
                 Examiner can satisfy this burden by showing that some                                                                                  
                 objective teaching in the prior art or knowledge generally                                                                             


                          1Appellants filed an Appeal Brief on June 18, 1997.                                                                           
                 Appellants filed a Reply Brief on October 31, 1997.  The                                                                               
                 Examiner mailed an Office Communication on January 16, 1998,                                                                           
                 stating that the Reply Brief had been entered and considered                                                                           
                 but no further response by the Examiner is deemed necessary.                                                                           
                          2The Examiner mailed an Examiner's Answer on September 2,                                                                     
                 1997.  In response to Remand from the Board, the Examiner                                                                              
                 mailed a Supplemental Examiner's Answer on May 9, 2001.                                                                                
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