Ex parte MILLER - Page 4




                 Appeal No. 98-1451                                                                                       Page 4                        
                 Application No. 08/529,187                                                                                                             


                                                                     OPINION                                                                            
                          In reaching our decision in this appeal, we have given                                                                        
                 careful consideration to the appellant's specification and                                                                             
                 claims, to the applied prior art references, and to the                                                                                
                 respective positions articulated by the appellant and the                                                                              
                 examiner.  Upon evaluation of all the evidence before us, it                                                                           
                 is our conclusion that the evidence adduced by the examiner is                                                                         
                 insufficient to establish a prima facie case of obviousness2                                                                           
                 with respect to the claims under appeal.  Accordingly, we will                                                                         
                 not sustain the examiner's rejection of claims 1 through 17                                                                            
                 and 19 under 35 U.S.C. § 103.  Our reasoning for this                                                                                  
                 determination follows.                                                                                                                 


                          We now turn to the examiner's rejection of claims 1                                                                           
                 through 17 and 19.                                                                                                                     


                          Wilger discloses a propeller manipulating and work stand.                                                                     
                 As shown in Figure 1, the propeller manipulating and work                                                                              

                          2In rejecting claims under 35 U.S.C. § 103, 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).                                                                                                    







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