Appeal No. 2003-0751 Page 3
Application No. 08/995,368
Ohtani et al. (Ohtani) 5,923,962 Jul. 13, 1999
Claims 15-17 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Zhang. Claims 24 and 25 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Zhang in view
of Ohtani.
We refer to the brief and reply brief and to the answer for
a complete exposition of the opposing viewpoints expressed by
appellant and the examiner concerning the issues before us on
this appeal.
OPINION
Upon careful review of the respective positions advanced by
appellant and the examiner with respect to the rejections that
are before us for review, we find ourselves in agreement with
appellant’s position in that the examiner has failed to carry the
burden of establishing a prima facie case of obviousness with
respect to either of the stated rejections. 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 not sustain the examiner's
rejections.
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