Appeal No. 1998-0824 Application No. 08/621,767 available to one of ordinary skill in the art suggests the claimed subject matter. In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). Only if this initial burden is met does the burden of coming forward with evidence or argument shift to the Appellants. Oetiker, 977 F.2d at 1445, 24 USPQ at 1444. See also Piasecki, 745 F.2d at 1472, 233 USPQ at 788 ("After a prima facie case of obviousness has been established, the burden of going forward shifts to the applicant."). An obviousness analysis commences with a review and consideration of all the pertinent evidence and arguments. See In re Oetiker, 977 F.2d at 1445, 24 USPQ at 1444. ("In reviewing the examiner's decision on appeal, the Board must necessarily weigh all of the evidence and arguments."). With these principles in mind, we commence review of the pertinent evidence and arguments of Appellants and Examiner. The Examiner argues that Appellants' Figure 6 shows all the claimed elements other than the control circuitry electrically coupled to said second current generator and to said output power transistor, said control circuitry being 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007