Appeal No. 2003-0934 Page 5
Application No. 08/769,596
references for combination in the manner claimed.’” Ecolochem Inc. v. Southern
California Edison, 227 F.3d 1361, 1375, 56 USPQ2d 1065, 1075-76 (Fed. Cir. 2000).
The initial burden of presenting a prima facie case of obviousness rests on the
examiner. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.
1992). Here, the evidence relied on by the examiner does not establish that all of
limitations of the claims on appeal were taught or would have been suggested by the
prior art. Accordingly, we are constrained to reverse the examiner’s rejection of claims
8-10 under 35 U.S.C. § 103.
REVERSED
)
William F. Smith )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
)
Toni R. Scheiner ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
)
Donald E. Adams )
Administrative Patent Judge )
Paul M. Denk
763 South New Ballas Road
St. Louis, MO 63141
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