Appeal 2006-3025
Application 10/714,110
3) Bashark measures turbidity by sensing light radiation reflected
from solids in the dish treating liquid. (Col. 4, ll. 14-20).
4) “Control means are associated with the dishwasher which are
responsive to the sensed turbidity.” (Bashark, col. 2, ll. 57-59).
5) Smith discloses a dishwasher with a turbidity sensing mechanism
which measures turbidity of fresh fluid added to the washer and of the
fluid at the conclusion of various cycles. (Col. 1, ll. 14-17).
6) Smith defines “turbidity” as “a measure of the suspended and/or
soluble soils in the fluid that causes light to be scattered or absorbed.”
(Col. 3, ll. 51-53).
PRINCIPLES OF LAW
1) The prima facie case requires that the Examiner initially produce
evidence sufficient to support a ruling of obviousness and only then does
the burden shift to the applicant. In re Piasecki, 745 F.2d 1468, 1472,
223 USPQ 785, 788, (Fed. Cir. 1984).
2) An Appellant may overcome a rejection by showing insufficient
evidence of prima facie obviousness. See In re Kahn, 441 F.3d 977,
985-86, 78 USPQ2d 1329, 1335 (Fed. Cir. 2006) .
3) When rebuttal evidence is provided, the prima facie case dissolves,
and the decision is made on the entirety of the evidence. In re Oetiker,
977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992)
ANALYSIS
The Examiner relies on Bashark for a disclosure of a control system
for a dishwasher in which a turbidity sensor is used to determine the
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