Appeal No. 1998-2226
Application No. 08/454,268
The Examiner relies on the following reference:
Szczepanek 5,305,317 Apr. 19, 1994
(filed April 24, 1992)
Claims 1-4 and 6-8 stand rejected under 35 U.S.C. § 103
over
Szczepanek.
Rather than repeat the positions and the arguments of
Appellants and the Examiner, we make reference to the briefs1
and the answer for the respective positions.
OPINION
We have considered the rejections advanced by the
Examiner. We have, likewise, reviewed Appellants' arguments
against the rejections as set forth in the briefs.
It is our view, after consideration of the record before
us, that the rejections under 35 U.S.C. § 103 are not proper.
Accordingly, we reverse.
ANALYSIS
As a general proposition, in an appeal involving a
rejection under 35 U.S.C. § 103, an Examiner is under a burden
to make out a prima facie case of obviousness. If that burden
1 A reply brief was filed as Paper No. 16, and was entered
into the record, Paper No. 17.
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