Ex Parte Rafferty - Page 5




          Appeal No. 2004-0827                                                        
          Application No. 09/795,701                                                  


          well as the lower beaded portion 24 (see the abstract; Figure 2;            
          col. 1, ll. 32-34; and col. 2, ll. 35-38).  The examiner has not            
          established why one of ordinary skill in the art would have added           
          this “jaw” or U-shaped locking assembly of Redmayne, unique to the          
          shape and beaded portion of the refuse container lid, to the                
          locking assembly for a utility box disclosed by Nielsen.                    
               For the foregoing reasons and those stated in the Brief and            
          Reply Brief, we determine that the examiner has not met the initial         
          burden of establishing a prima facie case of obviousness in view of         
          the reference evidence.  Therefore we cannot sustain the rejection          
          on appeal.                                                                  



















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