Ex parte JOHNSON - Page 9




          Appeal No. 96-0776                                                          
          Application 07/953,539                                                      


          perspective the seal assemblies in both Spinner and Booth are of            
          such size as to occupy "substantially" the entire region between            
          the waveguide flanges.                                                      
               A prima facie case of obviousness thus is established here,            
          and the rejection of claims 11, 15 and 16 as being unpatentable             
          over Spinner in view of Booth is sustained.                                 
               Claim 6, which depends from claim 1 and therefore includes             
          all the limitations thereof, stands rejected as being                       
          unpatentable over Spinner in view of Smith.  This rejection also            
          will not be sustained because the Smith patent, cited for its               
          teaching of knurling the surfaces of the seal, does not alleviate           
          the shortcomings of Spinner regarding the separable and removable           
          features                                                                    



          of claim 1, and thus a prima facie case of obviousness has not              
          been established.                                                           
               Spinner in view of Booth and Domnikov form the basis of the            
          examiner's rejection of claims 7 and 13, both of which depend               
          from claims requiring the separable and removable features.  As             
          explained above, neither Spinner nor Domnikov (here cited for               
          teaching the use of aluminum in seals) provide these required               

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