Ex parte SHAPIRO - Page 4




          Appeal No. 96-1996                                                          
          Application 08/181,075                                                      


          door by an attaching member in such a fashion as to allow it to             
          move by means of gravity into a position interposed between the             
          door and the frame so that the door is blocked from closing                 
          (claims 15 through 27).                                                     
               All of the rejections are under 35 U.S.C.  103.  In making            
          such a rejection, the examiner bears the initial burden of                  
          presenting a prima facie case of obviousness (see In re                     
          Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir.               
          1993) and In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443,               
          1444 (Fed. Cir. 1992)), which is established when the teachings             
          of the prior art itself would appear to have suggested the                  
          claimed subject matter to one of ordinary skill in the art (see             
          In re Bell, 991 F.2d 781, 783, 26 USPQ2d 1529, 1531 (Fed. Cir.              
          1993) and In re Rinehart, 531 F.2d 1048, 1051, 189 USPQ 143, 147            
          (CCPA 1976)).                                                               
               In the first rejection of independent claims 12 and 15, the            
          examiner has taken the position that the subject matter would               
          have been obvious in view of the teachings of the Swiss                     
          reference.  It is the examiner's view that one of ordinary skill            
          in the art                                                                  
               would have recognized the teachings of the Swiss                       
               reference, used in a swinging door, and would have                     
               found it obvious to apply those teachings to a sliding                 
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