Appeal No. 97-0338
Application 08/229,398
not agree with his conclusion that the claimed structure would
thereby have been obvious. In our view, the BUG-GARD shields
would suggest arranging a shield in front of a fender (or other
part of a vehicle) such that the shield would be in front of the
fender at all times, but not otherwise. Thus, it would not have
been obvious to extend the ends of the Willey shield to wrap
around the fenders, because such extensions would not be in front
of the fenders when the hood was raised.
Since the prior art does not establish a prima facie case of
obviousness, it is unnecessary to consider the evidence submitted
by appellant purporting to show commercial success and copying by
others. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992); In re Grabiak, 769 F.2d 729, 733, 226 USPQ 870,
873 (Fed. Cir. 1985).
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