Appeal No. 1999-2000 Application 08/859,494 Claims 44 through 47 are rejected under 35 U.S.C. § 103 as being unpatentable over Appellants’ prior art figure 7, Fisher and Asano. Rather than reiterate the arguments of the Appellants and the Examiner, reference is made to the briefs and answer for 1 the respective details thereof. OPINION We will not sustain the rejection of claims 44 through 47 under 35 U.S.C. § 103. 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 1 Appellants filed an appeal brief on March 5, 1999. Appellants filed a reply brief on June 16, 1999. The Examiner mailed an office communication on September 2, 1999 stating that the reply brief has been entered and considered. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007