Appeal No. 2001-2095 4
Application No. 08/872,659
c is an integer from 1 to 6; and
the sum a+b+c equals the oxidation state of M.
THE REFERENCE OF RECORD
As evidence of obviousness, the examiner relies upon the following reference:
Reichle et al. (Reichle) 5,852,146 Dec. 22, 1998
(filed Jun. 27, 1996)
THE REJECTION
Claims 22 through 35, 37 through 51 and 53 through 73 stand rejected under
35 U.S.C. §103(a) as being unpatentable over Reichle.
OPINION
We have carefully considered all of the arguments advanced by the appellants and
the examiner and agree with the appellants that the rejection of the claims under Section
103(a) is not well founded. Accordingly, we reverse the rejection.
THE REJECTION UNDER SECTION 103(a)
"[T]he examiner bears the initial burden, on review of the prior art or on any other
ground, of presenting a prima facie case of unpatentability." See In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). The examiner relies upon a
single reference to reject the claimed subject matter and establish a prima facie case of
obviousness. It is the examiner’s position that, “[a]s none of the current claims are limited
to subject matter which was either fully supported by the parent disclosure or not suggested
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