Ex Parte Belesimo - Page 3




               Appeal No. 2005-2560                                                                                                  
               Application No. 10/123,447                                                                                            




                       Rather than reiterate the conflicting viewpoints advanced by the examiner and                                 
               appellant regarding the above-noted rejections, we make reference to the answer                                       
               (mailed Mar. 23, 2004) for the examiner's reasoning in support of the rejections, and to                              
               the brief (filed Dec. 15, 2003) for appellant's arguments thereagainst.                                               


                                                            OPINION                                                                  
                       In reaching our decision in this appeal, we have given careful consideration to                               
               appellant's specification and claims, to the applied prior art references, and to the                                 
               respective positions articulated by appellant and the examiner.  As a consequence of                                  
               our review, we make the determinations which follow.                                                                  
                                                        35 U.S.C. § 103                                                              
               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).  A prima facie case of obviousness is                                          
               established by presenting evidence that the reference teachings would appear to be                                    
               sufficient for one of ordinary skill in the relevant art having the references before him to                          
               make the proposed combination or other modification.  See In re Lintner, 458 F.2d                                     
               1013, 1016, 173 USPQ 560, 562 (CCPA 1972).  Furthermore, the conclusion that the                                      


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