Appeal No. 1998-1075
Application No. 08/701,600
examiner has not shown that Holker discloses every limitation
of claim 1 on appeal. Accordingly, the examiner’s rejection
of the claims on appeal under 35 U.S.C. § 102(b) over Holker
is reversed.
In a rejection under 35 U.S.C. § 103 over a single prior
art reference, the examiner has the initial burden of
establishing a motivation or suggestion for modifying the
reference to show the prima facie obviousness of all
limitations in the claim. See B.F. Goodrich Co. v. Aircraft
Braking Sys. Corp., 72 F.3d 1577, 1582, 37 USPQ2d 1314, 1318
(Fed. Cir. 1996). For the foregoing reasons, we determine
that the examiner has not met this initial burden.
Accordingly, the examiner’s rejection of the claims on appeal
under 35 U.S.C. § 103 over Holker is reversed.
The decision of the examiner is reversed.
REVERSED
Charles F. Warren )
Administrative Patent Judge )
)
)
)
Thomas A. Waltz ) BOARD OF
PATENT
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