Ex parte WALTERS et al. - Page 6




          Appeal No. 98-1291                                                          
          Application No. 08/586,524                                                  

          in the art.  See In re Keller, 642 F.2d 413, 425, 208 USPQ                  
          871, 881 (CCPA 1981).  In establishing a prima facie case of                
          obviousness under 35 U.S.C. § 103, it is incumbent upon the                 
          examiner to provide a reason why one of ordinary skill in the               
          art would have been led to modify a prior art reference or to               
          combine reference teachings to arrive at the claimed                        
          invention.  See Ex parte Clapp, 227 USPQ 972, 973 (Bd. Pat.                 
          App. & Int. 1985).  To this end, the requisite motivation must              
          stem from some teaching, suggestion or inference in the prior               
          art as a whole or from the knowledge generally available to                 
          one of ordinary skill in the art and not from the appellant's               
          disclosure.  See, for example, Uniroyal, Inc. v. Rudkin-Wiley               
          Corp., 837 F.2d 1044, 1052, 5 USPQ2d 1434, 1439 (Fed. Cir.),                
          cert. denied, 488 U.S. 825 (1988).      Claim 6, which depends              
          from claim 1, stands rejected as being unpatentable over the                
          combined teachings of Koch and Chereda.  We have pointed out                
          above the shortcomings in Koch with regard to the subject                   
          matter recited in claim 1.  Claim 6 adds to claim 1 the                     
          requirement that there be a horizontal elongate second frame                
          member at a location approximately midway between opposite                  
          ends of the first frame member, and that the second wheel                   

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