Ex parte LYKENS - Page 10




          Appeal No. 96-1555                                                          
          Application 08/229,619                                                      

               Claim 33                                                               
               Claim 33 depends from claim 20 and recites that the angle              
          between mirrors is "divisible into 360 an odd number of times               
          to form an image with an odd number of image segments."                     
               Appellant argues that Akins and Coates teach that the                  
          angles between the mirrors must be divisible into 360 an even               
          number of times and do not teach an odd number of times                     
          (Br13).  We agree.                                                          
               The Examiner apparently relies on "routine skill in the                
          art," "design choice," and the general teaching in Coates that              
          various changes can be made in the details of construction.                 
          These reasons are not persuasive for the reasons discussed in               
          connection with claims 1-8, 11-19, 35, and 36.  The Examiner                
          has failed to establish a prima facie case of obviousness.                  
          The rejection of claim 33 is reversed.                                      












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