Appeal No. 2001-1862
Application No. 09/102,044
appear the examiner has addressed this issue as it relates to a “computer implemented
system.” Group Two includes claims 61, 62, 64-68, 87, 88, and 90-94 directed to the
sponsor promoted gift card with a rebate. We select independent claim 61 as the
representative claim. Group Three includes claims 69-71 and 95-97 directed to a gift
card which the recipient can convert into a credit card. We select independent claim 69
as the representative claim.
In rejecting claims under 35 U.S.C. § 103, the examiner bears the initial burden
of presenting a prima facie case of obviousness. See In re Rijckaert, 9 F.3d 1531,
1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993). A prima facie case of obviousness is
established by presenting evidence that the 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, 9 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). Rejections based on
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