Ex parte RUBIN - Page 5




          Appeal No. 96-2860                                         Page 5           
          Application No. 08/049,408                                                  


          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 to              
          make the modifications necessary to arrive at the claimed                   
          invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596,             
          1598 (Fed. Cir. 1988) and In re Lintner, 9 F.2d 1013, 1016, 173             
          USPQ 560, 562 (CCPA 1972).                                                  


               With this as background, we turn to the examiner's rejection           
          of claim 41, the only independent claim on appeal.                          


               Claim 41 recites a hand-held implement comprising, inter               
          alia, a first curved body panel, a second curved body panel and             
          an elongated snap-fit cartridge housing.  Claim 41 further                  
          recites (1) that the first curved body panel has an elongated               
          snap-fit post extending from an inner surface of the first panel,           
          (2) that the elongated snap-fit cartridge housing has a first               
          coaxial recessed groove, (3) that the elongated snap-fit post               
          resiliently extends into the first coaxial recessed groove, and             








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