Ex parte OVERY et al. - Page 10




          Appeal No. 2000-0267                                      Page 10           
          Application No. 08/856,943                                                  


               Because Tomura’s lug protrudes generally perpendicular to              
          its charging terminals and generally parallel to its recess,                
          we are not persuaded that the reference discloses the                       
          limitations of a "peg section [that] protrudes from a wall of               
          the receiving compartment in an angled direction generally                  
          towards the spring contact" or an "element on the cradle                    
          member being angled towards a bottom of a housing receiving                 
          area of the cradle member . . . .”  Therefore, we reverse the               
          anticipation rejection of claim 22, of claim 29, and of claims              
          30 and 31, which depend from claim 29.                                      


               Turning to the obviousness rejection, the next inquiry is              
          whether the subject matter is obvious.  “In rejecting claims                
          under 35 U.S.C. Section 103, the examiner bears the initial                 
          burden of presenting a prima facie case of obviousness.”  In                
          re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed.                 
          Cir. 1993)(citing In re Oetiker, 977 F.2d 1443, 1445, 24                    
          USPQ2d 1443, 1444 (Fed. Cir. 1992)).  "’A prima facie case of               
          obviousness is established when the teachings from the prior                
          art itself would appear to have suggested the claimed subject               








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