Appeal No. 1999-1005
Application No. 08/739,157
argument that the result of this modification would not
correspond to the here claimed organization. More specifically,
it is the appellants’ contention that the combination of the
Japanese reference and Stewart would contain graphite and/or
carbon black as an imaging material in contradistinction to the
claim 87 “non-black body, non-ablation sensitizing contrast
imaging material.” This contention has not been rebutted at all
in the examiner’s answer. Under these circumstances, we are
compelled to regard the examiner as having failed to carry his
burden of establishing a prima facie case of obviousness. In re
Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.
1992).
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