Appeal No. 1999-1280
Application No. 08/379,813
examiner has not met his burden9 of presenting the evidence necessary to establish a
prima facie case of obviousness. If the examiner fails to establish a prima facie case,
the rejection is improper and will be overturned. In re Fine, 837 F.2d 1071, 1074, 5
USPQ2d 1596, 1598 (Fed. Cir. 1988).
Accordingly, we reverse the examiner=s rejection of claims 1-33 under 35 U.S.C.
§ 103 over Bentz.
9 See In re Oetiker, 977 F.2d 1443, 1445 (Fed. Cir. 1992) (the initial burden of
establishing unpatentability rests on the examiner).
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