Appeal No. 2002-0814
Application No. 09/112,261
Rejection at Issue
Claims 1-20 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Hendricks.
Throughout our opinion, we make reference to the briefs1 and
the answer.
OPINION
With full consideration being given the subject matter on
appeal, the Examiner's rejection and the arguments of Appellants
and the Examiner, for the reasons stated infra, we reverse the
Examiner's rejection of claims 1-20 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
satisfy this burden by showing that some 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
1 Appellants filed an appeal brief on April 26, 2001.
Appellants filed a reply brief on October 1, 2001. On December
4, 2001, the Examiner mailed an Office communication stating the
reply brief has been considered. We note that the reply brief
has been entered into the record.
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