Appeal No. 2003-2049
Application 09/003,090
Rejections at Issue
Claims 1, 3, 4, 7 through 10, 12 through 15, and 139 through
151 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Yamauchi in view of Willard, Betts and White.
Throughout our opinion, we make reference to the briefs1 and
the answer for the respective details thereof.
OPINION
With full consideration being given to the subject matter on
appeal, the Examiner’s rejection and the arguments of the
Appellants and Examiner, for the reasons stated infra, we reverse
the Examiner’s rejection of claims 1, 3, 4, 7 through 10, 12
through 15, and 139 through 151 under 35 U.S.C. § 103.
In rejecting claims under 35 U.S.C. § 103, the Examiner
bears the initial burden of establishing a prima facie case of
obviousness. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d
1443, 1444 (Fed. Cir. 1992). See also In re Piasecki, 745 F.2d
1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984). The Examiner can
1
1 Appellants filed an appeal brief on January 21, 2003.
Appellants filed a reply brief on June 10, 2003. The Examiner
mailed an office communication on August 25, 2003, stating that
the reply brief has been entered.
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007