Ex parte HIRSCHAUER et al. - Page 4




                 Appeal No. 1999-2590                                                                                                                   
                 Application 08/618,120                                                                                                                 


                 Rather than repeat the arguments of Appellants and Examiner,                                                                           
                 we refer the reader to the Appellants’ Briefs  and Examiner’s                    1                                                     
                 Answer  for the respective details thereof.2                                                                                                                           


                                                              OPINION                                                                                   
                          With full consideration being given the subject matter on                                                                     
                 appeal, the Examiner’s rejection and the arguments of                                                                                  
                 Appellants and the Examiner, for the reasons stated infra, we                                                                          
                 will reverse the Examiner’s rejection of claims 1-8 under 35                                                                           
                 U.S.C. § 103(a) as being unpatentable over the combinations of                                                                         
                 the admitted prior art, Hobbins and Shetty.                                                                                            
                          In rejecting claims under 35 U.S.C. § 103, the Examiner                                                                       
                 bears the initial burden of establishing a prima facie case of                                                                         
                 obviousness.  In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d                                                                            
                 1443, 1444 (Fed. Cir. 1992).  The Examiner can satisfy this                                                                            
                 burden only by showing some objective teaching in the prior                                                                            



                          1Appellants filed a Brief on July 20, 1998.  Appellants                                                                       
                 subsequently filed a Reply Brief on February 1, 1999.                                                                                  

                          2The Examiner, in response to Appellants’ Brief, mailed an                                                                    
                 Examiner's Answer on November 23, 1998.                                                                                                
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