Appeal No. 2000-2102
Application 08/771,947
The examiner relies on the following references:
Takahama 5,253,061 Oct. 12, 1993
Ellis et al. (Ellis) 5,436,653 July 25, 1995
Claims 21-27, 30-36, 38, 39, 41, 43, 46-52, 54 and 55 stand
rejected under 35 U.S.C. § 103 as being unpatentable over
Takahama in view of Ellis.
Rather than repeat the arguments of appellants and the
examiner, we make reference to the brief (Paper No. 24 filed on
November 1, 1999) and the answer (Paper No. 26) 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 affirm-in-part.
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
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