Appeal No. 1999-2849
Application No. 08/690,966
objective teaching in the prior art or knowledge generally
available to one of ordinary skill in the art suggests the
claimed subject matter. In re Fine, 837 F.2d 1071, 1074, 5
USP2d 1596, 1598 (Fed. Cir. 1988). Only if this initial
burden is met does the burden of coming forward with evidence
or argument shift to the Appellants. Oetiker, 977 F.2d at
1445, 24 USPQ at 1444. See also Piasecki, 745 F.2d at 1472,
223 USPQ at 788.
An obviousness analysis commences with a review and
consideration of all the pertinent evidence and arguments.
"In reviewing the [E]xaminer's decision on appeal, the Board
must necessarily weigh all of the evidence and arguments." In
re Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444. "[T]he Board
must not only assure that the requisite findings are made,
based on evidence of record, but must also explain the
reasoning by which the findings are deemed to support the
agency's conclusion." In re Lee, 277 F.3d 1338, 1343, 61
USPQ2d 1430, 1433-34 (Fed. Cir. 2002). With these principles
in mind, we commence review of the pertinent evidence and
arguments of the Appellants and the Examiner.
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