Appeal No. 2001-2694
Application No. 09/103,704
obvious, by the applied references, i.e., the examiner has the
initial burden to establish a prima facie case of obviousness
with regard to the claimed subject matter. Since the examiner
has not set forth a convincing case for obviousness, the burden
of showing nonobviousness never shifted to appellants.
The examiner’s decision rejecting claims 1-9 and 13 under
35 U.S.C. § 103 is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
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)
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LEE E. BARRETT ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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JOSEPH F. RUGGIERO )
Administrative Patent Judge )
EAK:clm
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