Appeal No. 2000-1330
Application No. 08/972,835
Claims 26 through 31 stand rejected under 35 U.S.C. § 103
as being unpatentable over Elander in view of Schneier.
Rather than repeat the arguments of Appellant or
Examiner, we make reference to the Briefs and Answer for the
details thereon.1
OPINION
We will not sustain the rejection of claims 1 through 6,
8 through 20 and 23 through 31 under 35 U.S.C. § 103.
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 USPQ
1443, 1444 (Fed. Cir. 1992). See also In re Piasecki, 745
F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984). The
Examiner can satisfy this burden by showing that some
objective teaching in the prior art or knowledge generally
available to one of ordinary skill in the art suggests the
claimed subject matter. In re Fine, 837 F.2d 1071, 1074, 5
1 Appellant filed an Appeal Brief on June 11, 1999. Appellant
filed a Reply Brief on October 26, 1999. The Examiner mailed
an Office communication on December 30, 1999 stating that the
Reply Brief has been entered and considered.
3
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