Appeal No. 2000-2293
Application No. 08/685,162
The initial burden of establishing reasons for
unpatentability rests on the Examiner. In re Oetiker, 977 F.2d
1443, 1446, 24 USPQ2d 1443, 1445 (Fed. Cir. 1992). The Examiner
must produce a factual basis supported by teaching in a prior art
reference or shown to be common knowledge of unquestionable
demonstration, consistent with the holding in Graham v. John
Deere Co., 383 U.S. 1 (1966). Our reviewing court requires this
evidence in order to establish a prima facie case. In re
Piasecki, 745 F.2d 1468, 1471-72, 223 USPQ 785, 787-88 (Fed.
Cir. 1984); In re Cofer, 354 F.2d 664, 668, 148 USPQ 268, 271-72
(CCPA 1966). However, “the 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,
1344, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002).
Our review of Sasaki confirms that the reference relates to
a disk loading device with a tilting disk tray that allows easily
installing and removing disks when the player is at a high place.
As depicted in Figure 6, disk table 20 advances from and retreats
back into opening 12 on the front of the disk player main body 11
(page 5). In its extended position, disk table 20 rotates around
a hinge formed by fulcrum shaft 36 and fulcrum hole 37 on both
5
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