Ex parte HOZA et al. - Page 13




          Appeal No. 1998-2358                                      Page 13           
          Application No. 08/396,243                                                  


               For the reasons stated above, we will not sustain the                  
          rejections under 35 U.S.C. § 103 of claims 11 and 15-19 based               
          on the combined teachings of Cardenas and Chandhoke (Rejection              
          (3)) and claim 20 based on the combined teachings of Cardenas,              
          Chandhoke and Schultz (Rejection (4)).                                      


          Rejections (5) through (7):                                                 
               Each of these rejections is bottomed on the examiner's                 
          view that:                                                                  
               Chandhoke et al. does not disclose a second forms-                     
               engaging face or a second plurality of cart tines,                     
               where individual cart tines are substantially co-                      
               planar.  It would have been obvious to one having                      
               ordinary skill in the art at the time of [sic] the                     
               invention was made to employ a second forms-engaging                   
               face and a second plurality of cart tines in the                       
               invention of Chandhoke et al., since it has been held                  
               that the mere duplication of essential working parts                   
               of a device involves only routine skill in the art,                    
               and because by providing a second forms-engaging face                  
               and a second plurality of cart tines would double the                  
               capacity of a single cart.  [Answer, page 17.]                         
               We do not support the examiner's position.  It is well                 
          settled that in order to establish a prima facie case of                    
          obviousness the prior art teachings must be sufficient to                   
          suggest to one of ordinary skill in the art making the                      








Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007