Appeal No. 2002-0875
Application 09/212,127
§ 103 as being unpatentable over Stridsberg in view of Goldman
and further in view of Lutz.2
OPINION
With full consideration being given to the subject
matter on appeal, the Examiner’s rejections and the arguments of
Appellants and the Examiner, for the reasons stated infra, we
reverse the Examiner’s rejection of claims 1, 2, 5, 6, 8, 9, 11,
12, 15, 16, 18, 19, 21, 22, 25, 26, 28, 29 and 31 through 33
under 35 U.S.C. § 103. We will first address the rejection of
claims 1, 2, 11, 12, 21, 22 and 31 through 33 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
2 We note that the Examiner has withdrawn the rejection under
35 U.S.C. § 112, first paragraph. See page 5 of the Examiner’s
Answer.
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007