Appeal No. 2000-0166
Application No. 07/809,042
Rather than repeat the arguments of appellants and the
examiner, we make reference in the briefs and the answer for 1
the respective details thereof.
OPINION
We have considered the rejection advanced by the examiner
and 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
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 Oetiker, 977 F.2d
1A reply brief was filed on August 9, 1999 as paper no.
22.
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