Ex parte MCARTHUR et al. - Page 10




          Appeal No. 1997-3969                                                        
          Application No. 08/175,052                                                  


          the invention of these claims is rendered obvious by the                    
          teachings of Akkapeddi and Haines [answer, pages 3-4].                      
          Appellants essentially rely on the same arguments considered                
          above and assert that neither reference teaches the specific                
          geometry of the tiles or adjacent tiles [brief, page 10].                   
          Representative claim 2 recites a rectangular working area for               
          the plate, and Haines clearly teaches a rectangular working                 
          area for plate 50 [see Figure 3B].  Therefore, we sustain the               
          examiner’s rejection of claims 2-7 and 18-25.                               
          With respect to the rejection of claims 8-11 based on                       
          Haines and Hirsch, the examiner has explained how the                       
          invention of these claims is rendered obvious by the teachings              
          of Haines and Hirsch [answer, pages 4-5].  Although                         
          appellants’ arguments with respect to this rejection primarily              
          rely on factors that we have considered above, we will not                  
          sustain this rejection because the examiner has failed to make              
          a prima facie case of obviousness.  The examiner asserts that               
          Haines teaches all the features of claim 8 except for the step              
          of back propagating, and the examiner cites Hirsch to meet                  
          this feature.  We find the examiner’s rejection insufficient                
          to establish the obviousness of claim 8.  The last five steps               
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