Ex parte BURGESS et al. - Page 11




          Appeal No. 97-4161                                                          
          Application 08/397,408                                                      


          they would have been obvious on the basis of Bauernfeind ‘728               
          in view the prior art admitted by the appellants in the                     
          specification at page 5, lines 28-31 and page 6, lines 19-22.               
          The primary reference has been discussed above.  The prior art              
          admitted by the appellants at these two locations in their                  
          specification has to do with the materials from which the                   
          rollers have been made, and does not alleviate the several                  
          problems pointed out above with regard to Bauernfeind ‘728.                 
          Again, a prima facie case of obviousness is lacking as to the               
          two independent claims, and we cannot sustain this rejection.               
               It follows, of course, that if the rejections of the                   
          independent claims cannot be sustained, neither can those of                
          the claims which depend from them.                                          














                                          11                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007