Ex parte MARTIN et al. - Page 8




          Appeal No. 97-0145                                                          
          Application 08/073,327                                                      


          been obvious to provide an “energy concentrator,” that is, a weld           
          bead, at an appropriate point in the pocket, in the fashion                 
          admitted to have been known in the prior art.  See specification,           
          page 2, lines 20 through 29.  The appellants' argument concerning           
          the lack of provisions for controlling and capturing the flash              
          caused by such welding cannot be considered to be persuasive                
          because it is predicated upon limitations that are not present in           
          the claims.  See In re Self, 671 F.2d 1344, 1346-47, 213 USPQ 1,            
          3 (CCPA 1982).  A prima facie case of obviousness therefore is              
          established here, also.                                                     


                                       SUMMARY                                        
               All of the rejections having been sustained, the decision of           
          the examiner is affirmed.                                                   














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