Appeal No. 1999-0155
Application 08/369,676
Marshall.
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.
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 then shifts to the applicant to overcome the prima
facie case with argument and/or evidence. Obviousness, is
then determined on the basis of the evidence as a whole and
the relative persuasiveness of the arguments. See In re
1A reply brief was filed as Paper No. 25, and the
Examiner entered it into the record without any further
response, see Paper No. 26.
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