Appeal No. 2002-0852
Application 09/466,322
Rejection at Issue
Claim 1 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Yoshida. Throughout the 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 claim 1 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 Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir.
1 Appellant filed an appeal brief on August 28, 2001.
Appellant filed a reply brief on February 19, 2002. The Examiner
mailed a letter on March 26, 2002 stating that the reply brief
has been entered.
3
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