Ex parte BAILEY et al. - Page 4




          Appeal No. 2000-0856                                       Page 4           
          Application No. 08/676,623                                                  


          not sustain the examiner's rejection of claim 2 under 35                    
          U.S.C.                                                                      
          § 103.  Our reasoning for this determination follows.                       


               In rejecting claims under 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 would                
          have led one of ordinary skill in the art to combine the                    
          relevant teachings of the references 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, 458 F.2d 1013,               
          1016, 173 USPQ 560, 562 (CCPA 1972).                                        


               Claim 2 recites a toilet seating system comprising, inter              
          alia, (1) a substantially circular adult seat having an                     
          aperture centrally formed therein, (2) a substantially                      
          circular child seat having an aperture formed therein which is              
          substantially smaller than the aperture centrally formed                    
          within the adult seat and oriented more toward the forward                  







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