Wednesday, January 02, 2013

Ex parte Goh on the prima facie case of obviousness

Tne Board sustained an obviousness finding in Ex parte Goh but did NOT cite KSR.

Of text in the decision citing cases:

In rejecting claims under 35 U.S.C. ยง 103, it is incumbent upon the Examiner to establish a factual basis to support the legal conclusion of obviousness. See In re Fine, 837 F.2d 1071, 1073 (Fed. Cir. 1988). In so doing, the Examiner must make the factual determinations set forth in Graham v. John Deere Co., 383 U.S. 1, 17 (1966).

Once the Examiner has satisfied the burden of presenting a prima facie case of obviousness, the burden then shifts to Appellant to present evidence and/or arguments that persuasively rebut the Examiner's prima facie case. See In re Oetiker, 977 F.2d 1443, 1445 (Fed. Cir. 1992).


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