Appeal No. 2006-1456
Application No. 09/896,802
of Cheng describes determining a hyperlink (“move from hyperlink ‘link 1’ to
hyperlink ‘link 2’”) responsive to activation of a scroll wheel.
Therefore, we will sustain the Examiner’s rejection under 35 U.S.C. § 102.
III. Whether the Rejection of Claims 2 and 15 Under 35 U.S.C. § 103 is
proper?
It is our view, after consideration of the record before us, that the evidence
relied upon and the level of skill in the particular art would have suggested to one
of ordinary skill in the art the invention as set forth in claims 2 and 15.
Accordingly, we affirm.
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
satisfy this burden by showing that some objective teaching in the prior art or
knowledge generally available to one of ordinary skill in the art suggests the
claimed subject matter. In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598
(Fed. Cir. 1988). Only if this initial burden is met does the burden of coming
forward with evidence or argument shift to the Appellants. Oetiker, 977 F.2d at
1445, 24 USPQ2d at 1444. See also Piasecki, 745 F.2d at 1472, 223 USPQ at
788.
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