Ex parte HORNE et al. - Page 3




          Appeal No. 97-1784                                                          
          Application 08/011,068                                                      



          Collins et al. (Collins)       4,063,308       Dec. 13, 1977                
          Rubinstein                     5,077,686       Dec. 31, 1991                


                    Claims 1 through 20 stand rejected under 35 U.S.C.                
           103 as being unpatentable over Rubinstein and Collins.                    
                    Rather than reiterate the arguments of Appellants and             
          the Examiner, reference is made to the brief and answer for the             
          respective details thereof.                                                 


                                       OPINION                                        
                    We will not sustain the rejection of claims 1                     
          through 20 under 35 U.S.C.  103.                                           
                    The Examiner has failed to set forth a prima facie                
          case.  It is the burden of the Examiner to establish why one                
          having ordinary skill in the art would have been led to the                 
          claimed invention by the express teachings or suggestions found             
          in the prior art, or by implications contained in such teachings            
          or suggestions.  In re Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6           
          (Fed. Cir. 1983).  "Additionally, when determining obviousness,             
          the claimed invention should be considered as a whole; there is             
          no legally recognizable 'heart' of the invention."  Para-Ordnance           
          Mfg. v. SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d            

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