Appeal No. 2003-0332
Application 09/057,383
USPQ2d 1362, 1365 (Fed. Cir. 1997); In re Aller, 220 F.2d 454, 456, 105 USPQ
233, 235 (CCPA 1955).
Upon careful review of the entire record including the respective positions
advanced by Appellant and the Examiner, we find that the Examiner has carried his
burden of establishing a prima facie case of obviousness and that this prima facie
case has not been effectively rebutted by Appellant. See In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992); In re Piasecki, 745 F.2d 1468,
1471-1472, 223 USPQ 785, 787-788 (Fed. Cir. 1984). Accordingly, we will sustain
the Examiner’s rejection.
CONCLUSION
The rejections of claims 1 to 4, 9 to 11, 16, 17, 19 and 21 under 35 U.S.C.
§ 102(b) as anticipated by Shiraishi; and claims 1 to 4, 9 to 11, 16, 17, 19 and 21
under 35 U.S.C. § 103 over the combination of Shiraishi, Williams and Miller are
affirmed.
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