Ex parte JAMES R. LUND - Page 5




          Appeal No. 97-0338                                                          
          Application 08/229,398                                                      


          skill in the art.  In re Rinehart, 531 F.2d 1048, 1051, 189 USPQ            
          143, 147 (CCPA 1976).  See also In re Spada, 911 F.2d 705, 707              
          n.3, 15 USPQ2d 1655, 1657 n.3 (Fed. Cir. 1990); In re Lalu, 747             
          F.2d 703, 705, 223 USPQ 1257, 1258 (Fed. Cir. 1984).  In the                
          present case, we do not consider that a prima facie case of                 
          obviousness is presented because none of the applied references             
          teaches a shield for a vehicle which covers a portion of the                
          vehicle other than that to which the shield is rigidly attached.            
          Thus, the Willey shield is rigidly attached to the hood and                 
          protects only the front of the hood; the Jeep Cherokee BUG-GARD             
          (Ex. E) is rigidly attached to the upper portion of the grille              
          and thereby to the fenders and covers only that portion and the             
          top front of the fenders; and the Range Rover BUG-GARD (Ex. F) is           
          rigidly attached to the combined hood and fender tops and covers            
          the front of the hood and the front tops of the fenders.  By                
          contrast, although the claimed shield is mounted to the hood, it            
          also wraps around the leading edge of the fender, even though, as           
          recited, the hood does not include the leading edge of the                  
          fender.                                                                     
               While we agree with the examiner that the Jeep Cherokee and            
          Range Rover BUG-GARD shields would obviously provide increased              
          protection for the front fender surface (answer, page 5), we do             

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