Appeal No. 2003-1121
Application 09/189,179
provides tactile stimulation to persons observing an audio and/or
visual presentation, but those persons do not provide input to
which that stimulation is a response.
We therefore conclude that the examiner has not carried the
burden of establishing a prima facie case of obviousness of the
appellants’ claimed invention.
DECISION
The rejections under 35 U.S.C. § 103 of claim 17 over Fisher
in view of Fallacaro, claims 18-28, 32-37 and 39 over Fisher in
view of Fallacaro and Leysieffer, and claims 30 and 31 over
Fisher in view of Fallacaro, Leysieffer and King, are reversed.
REVERSED
)
TERRY J. OWENS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
STUART S. LEVY )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
HOWARD B. BLANKENSHIP )
Administrative Patent Judge )
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