Appeal No. 2005-2759
Application No. 10/221,916
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 may satisfy his/her 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 the individual to
combine the relevant teachings of the references. In re Fine, 837
F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).
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