Appeal No. 2004-0354
Application No. 09/240,118
Luzzi et al. (Luzzi) 6,321,263 Nov. 20, 2001
(filed May 11, 1998)
Claims 1-21 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness, the examiner cites Barrick and Luzzi
with regard to claims 1-3, 6-17 and 19-21, adding Matthews with
regard to claim 4 and further adding Habusha with regard to
claims 5 and 18.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
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). To reach a conclusion of
obviousness under § 103, the examiner must produce a factual
basis supported by a teaching in a prior art reference or shown
to be common knowledge of unquestionable demonstration. 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). The examiner must not only
identify the elements in the prior art or that knowledge
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