Appeal No. 2001-0093
Application No. 08/947,149
the inventor has taught is used against its teacher. W.L. Gore &
Assocs. v. Garlock, Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 312-
313 (Fed Cir. 1983), cert. denied, 469 U.S. 851 (1984). We are
constrained to conclude, therefore, that the examiner has failed
to carry his burden of establishing a prima facie case of
unpatentability. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d
1443, 1444 (Fed. Cir. 1992).
In summary, the examiner’s section 103 rejection of all
appealed claims as being unpatentable over Regterschot cannot be
sustained.
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