Appeal No. 2001-2269
Application No. 08/680,266
Sturges et al. 5,742,793 Apr. 21, 1998
(Sturges) (filed Jul. 11, 1994)
Dave et al. (Dave) "Proxies, Application Interfaces, and
Distributed Systems," IEEE Electronic Library, (1992), pp. 212-
220.
Rejections at Issue
Claims 19-30 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Bezviner in view of Dave and Sturges.
Throughout our opinion, we will make reference to the
briefs1 and the answer.
OPINION
With full consideration being given to the subject matter on
appeal, the Examiner's rejection and the arguments of Appellant
and the Examiner, for the reasons stated infra, we reverse the
Examiner's rejection of claims 19-30 under 35 U.S.C. § 103.
In rejecting claims under 35 U.S.C. § 103, the Examiner
bears the initial burden of establishing a prima facie case of
obviousness. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443,
1444 (Fed. Cir. 1992). See also In re Piasecki, 745 F.2d 1468,
1472, 223 USPQ 785, 788 (Fed. Cir. 1984). The Examiner can
1 Appellant filed an appeal brief on February 21, 2001.
Appellant filed a reply brief on July 9, 2001. The Examiner
mailed an Office communication on January 31, 2002, stating that
the reply brief has been entered and considered.
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