Appeal No. 1998-2619
Application No. 08/526,828
ratios; and
storing data representing said first set of optimum
input-flow ratios in said memory.
The prior art references relied upon by the examiner are:
Suzuki et al. (Suzuki) 4,579,623 Apr. 1,
1986
Manada et al. (Manada) 5,463,977 Nov. 7,
1995
Technical Update Book for the GS/3000 Series (Technical
Update), by EMC RE TurboDisc, December 1991.
Claims 1 through 14 stand rejected under 35 U.S.C. § 103
as unpatentable over Suzuki in view of Technical Update and
Manada. 1
We reverse.
Under 35 U.S.C. § 103, “the examiner bears the initial
burden, on review of the prior art or on any other ground, of
presenting a prima facie case of unpatentability.” In re
Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.
1992). In other words, the examiner must provide a sufficient
1The examiner has withdrawn the Section 112 rejection set
forth in the final Office action dated May 5, 1997 (Paper No.
8). See Answer, page 3.
3
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