Ex parte BACINA et al. - Page 3




          Appeal No. 96-1201                                                            
          Application 08/122,970                                                        

          appellants’ specification states, that it is old and well known               
          to reinforce a tooling hole in an automotive body panel with a                
          surrounding circular depression.  The examiner further states,                
          that DeRees teaches the formation of a depression in a body panel             
          which may be noncircular.  The examiner specifically refers to                
          DeRees’ depressions 120 or 112 which have bases parallel to the               
          main panel and canted side portions 122 extending between the                 
          parallel portion and the panel surface.  The examiner concludes               
          that it would have been obvious to provide, in the prior art as               
          admitted by appellants, a reinforcing depression of the shape                 
          taught by DeRees with a nonfunneling bottom surface.  The                     
          examiner states as motivation the argument that a larger size                 
          depression of the shape suggested by DeRees would add additional              
          strength to the body panel.                                                   
                    We have carefully reviewed the rejection on appeal in               
          light of the arguments of the examiner and the appellants.  As a              
          result of this review, we have determined that the applied prior              
          art does not establish a prima facie case of obviousness with                 
          respect to the claims on appeal.  Therefore, the rejection of                 
          these claims is reversed.  Our reasons follow.                                
                    Appellants’ first argument is that the examiner has                 
          failed to state what constitutes the scope and content of the                 


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