Appeal No. 2001-0014 Page 9
Application No. 09/070,899
reference teachings would appear to be sufficient for one of
ordinary skill
in the relevant art having the references before him to make
the proposed combination or other modification. See In re
Lintner, 458 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA 1972).
Furthermore, the conclusion that the claimed subject matter is
prima facie obvious must be supported by 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).
The examiner has failed to set forth a prima facie case
of obviousness. We disagree with the examiner that the chip-
to-substrate bonding of Chen in combination with the teachings
of Sato ‘566 and ‘414 and VanZeghbroeck would result in the
claimed hermetically sealed opto-electronic device or its
advantages were known to one of ordinary skill in the art. In
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