Appeal No. 2004-1996
Application No. 09/399,606
The examiner relies on the following references:
Chang 5,477,279 Dec. 19, 1995
Leshem 5,523,851 Jun. 04, 1996
Bonneville et al. (Bonneville) 5,636,288 Jun. 03, 1997
Claims 1-6 stand rejected under 35 U.S.C. §103. The examiner offers Chang
and Leshem with regard to claims 1-5, adding Bonneville with regard to claim 6.
Reference is made to the briefs and answer for the respective positions of
appellant 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 may satisfy his burden only by showing some objective teaching in the prior
art or that knowledge generally available to one of ordinary skill in the art
would lead that individual to combine the relevant teachings of the references. In re
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