Ex parte VAN DAMME et al. - Page 7




          Appeal No. 2000-0812                                       Page 7           
          Application No. 08/989,469                                                  
          evidence, as shown by some objective teaching in the prior art              
          or by knowledge generally available to one of ordinary skill                
          in the art that would have led that individual to combine the               
          relevant teachings of the references to arrive at the claimed               
          invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d                   
          1596, 1598 (Fed. Cir. 1988). Furthermore, to reach a                        
          conclusion of obviousness under § 103, the examiner must also               
          produce factual basis supported by teaching in a prior art                  
          reference or shown to be common knowledge                                   




          of unquestionable demonstration, consistent with the holding                
          in Graham v. John Deere Co., 383 U.S. 1 (1966).  Our reviewing              
          court requires this evidence in order to establish a prima                  
          facie case.  In re Piasecki, 745 F.2d 1468, 1471-72, 223 USPQ               
          785, 787-88 (Fed. Cir. 1984); In re Cofer, 354 F.2d 664, 668,               
          148 USPQ 268, 271-72 (CCPA 1966).                                           
               Turning to Vrancken, we find that the reference discloses              
          a process for reproducing images by exposure to                             
          electromagnetic radiation of a recording material that                      
          incorporates hydrophobic thermoplastic polymers in the form of              
          particles in heat-conducting relationship with a heat-                      







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