Appeal No. 1999-1254
Application No. 08/820,490
The gaseous phase is first cooled from a high temperature
down to a temperature above the boiling point of mercury in
order to remove pollutants other than the mercury. The
gaseous phase
is then subsequently cooled to a temperature at least 100°F
below the boiling point of mercury to collect mercury
condensate.
OPINION
For the reasons that follow, we cannot sustain the
examiner's rejection of the appealed claims.
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). To make out a case of
obviousness, one must:
a) determine the scope and content of the prior art;
b) ascertain the differences between the prior art and
the claims in issue; and
c) determine the level of skill in the pertinent art.
Graham v. John Deere, 383 U.S. 1, 17 (1966). A prima facie
case of obviousness is established when the teachings from the
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