Appeal No. 2002-1985 Application No. 09/351,208 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 U.S. 1, 17, 148 USPQ 459, 467 (1966), and to provide a reason why one having ordinary skill in the pertinent art would have been led to modify the prior art or to combine prior art references to arrive at the claimed invention. See also In re Rouffet, 149 F.3d 1350, 1355, 47 USPQ2d 1453, 1456 (Fed. Cir. 1998). Our reviewing court requires this evidence in order to establish a prima facie case. In re Piasecki, 745 F.2d 1468, 1471-72, 223 USPQ 785, 787-88 (Fed. Cir. 1984); In re Cofer, 354 F.2d 664, 668, 148 USPQ 268, 271-72 (CCPA 1966). After reviewing Asahioka, we agree with Appellant that the claimed arrangements of the different component classes is different from the “flag retrieval” technique of Asahioka. Although Asahioka provides for translation of a sentence and storing the sentence structure information such as subject, complement and predicate (col. 3, lines 52-61), it is the stored sentence number information for indicating the most recent 5Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007