Appeal No. 2002-0328
Application No. 09/250,324
and cathode electrodes and a rectangular patterned pixel
structure (answer, page 10). The Examiner further equates the
connecting vias extending through the edges of the printed
circuit board (PCB) (col. 5, line 54 through col. 6, line 3 and
Figure 3) as the claimed vias extending through the pixel
structure (id.).
As a general proposition, in rejecting claims under 35
U.S.C. § 103, the examiner bears the initial burden of presenting
a prima facie case of obviousness. See In re Rijckaert, 9 F.3d
1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993) and In re Fine,
837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). A
prima facie case of obviousness is established when the teachings
of the prior art itself would appear to have suggested the
claimed subject matter to one of ordinary skill in the art. See
In re Bell, 991 F.2d 781, 783, 26 USPQ2d 1529, 1531 (Fed. Cir.
1993); In re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780,
1783-84 n.14 (Fed. Cir. 1992); Uniroyal, Inc. v. Rudkin-Wiley
Corp., 837 F.2d 1044, 1051, 5 USPQ2d 1434, 1438 (Fed. Cir. 1988);
Ashland Oil, Inc. v. Delta Resins & Refractories, Inc., 776 F.2d
281, 293, 227 USPQ 657, 664 (Fed. Cir. 1985). In considering the
question of the obviousness of the claimed invention in view of
the prior art relied upon, the Examiner is expected to make the
factual determination set forth in Graham v. John Deere Co., 383
6
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