Appeal No. 1998-1328
Application No. 08/341,500
longitudinal strength in the boom is not a problem that is
discussed or suggested by Sacherman. With respect to sealing
the microphone boom from moisture, Appellant argues that
moisture is not a concern for an inner conductor of the
microphone boom, since electrical components associated with a
headset used with a microphone boom will be destroyed by
moisture well before degradation of the inner conductor. 3
The Examiner has failed to set forth a prima facie case.
It is the burden of the Examiner to establish why one having
ordinary skill in the art would have been led to the claimed
invention by the express teachings or suggestions found in the
prior art, or by implications contained in such teachings or
suggestions. In re Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6
(Fed. Cir. 1983). "Additionally, when determining
obviousness, the claimed invention should be considered as a
whole; there is no legally recognizable 'heart' of the
invention." Para-Ordnance Mfg. v. SGS Importers Int’l, Inc.,
73 F.3d 1085, 1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995),
cert. denied, 117 S. Ct. 80 (1996) citing W. L. Gore &
3 See pages 11-13 of the brief.
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