Appeal No. 2000-0702
Application 08/653,306
Claim 6 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Rein in view of Naka or Kono and further in
view of Hamano.
Rather than repeat the arguments of Appellants and the
Examiner, we make reference to the brief and the answer for the
respective details thereof.
OPINION
We have considered the rejections advanced by the Examiner
and the supporting arguments. We have, likewise, reviewed the
Appellants’ arguments set forth in the brief.
We reverse.
Before entering into the claim analysis, we set below the
guidelines set by the Federal Circuit regarding a rejection under
35 U.S.C. § 103(a).
The general proposition in an appeal involving a rejection
under 35 U.S.C. § 103 is that 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
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