Appeal No. 1999-2023
Application No. 08/556,119
Sato et al. (Sato) 5,537,662 Jul. 16,
1996
(filed May 17,
1993)
Hayashi 5,611,037 Mar. 11,
1997
(filed Mar. 16, 1995)
Claims 1-24 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Sato in view of Steir and Hayashi.
Rather than repeat the arguments of appellants and the
examiner, we make reference to the briefs and the answer for 1
the
respective details thereof.
OPINION
We have considered the rejection advanced by the examiner
and the supporting arguments. We have, likewise, reviewed the
appellants’ arguments set forth in the briefs.
We reverse.
As a general proposition, in an appeal involving a
rejection under 35 U.S.C. § 103, an Examiner is under a burden
to make out a prima facie case of obviousness. If that burden
is met, the burden of going forward then shifts to the
1A reply brief was filed on November 30, 1998 as Paper
No. 17. The examiner noted its entry, see Paper No. 18.
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