Appeal No. 1999-0008
Application No. 08/625,834
Miyamoto 4,642,714 Feb. 10, 1987
Aizawa 5,050,022 Sep. 17, 1991
Odawara et al. (Odawara) 5,062,099 Oct. 29, 1991
Claims 13 and 16 to 18 stand rejected under 35 U.S.C § 103
as being unpatentable over Miyamoto and Odawara.
Claims 13 and 16 to 18 stand rejected under 35 U.S.C. § 103
as being unpatentable over Aizawa and Odawara.
Rather than repeat the arguments of appellants and the
examiner, we make references to the briefs and the answer for 1
the respective details thereof.
OPINION
We have considered the rejections advanced by the examiner
in the supporting arguments. We have, likewise, reviewed the
appellants’ arguments set forth in the briefs.
We Reverse.
In our analysis, we are guided by the general proposition
that 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 is met, the burden of going forward
1A reply brief was filed as paper number 27 on June 19,
1998. The examiner noted its entry, see paper number 30, but
did not file any further response.
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