Appeal No. 2003-0121
Application No. 09/143,318
guidance by the examiner as to the specific portions thereof
relied on by the examiner, looking for teachings and suggestions
of the instant claimed subject matter, all the while speculating
as to the examiner’s rationale. The Board’s function is, inter
alia, to review examiners’ rejections and determine the propriety
of those rejections. In the instant case, it is clear to us that
the examiner has not met the initial burden of establishing a
prima facie case of obviousness since there is no indication in
the rejection, or rationale therefor, how, exactly, the cited
references are being applied to meet, or suggest, the specific
language of the instant claims.
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