Ex parte WEMPLE - Page 3




          Appeal No. 99-0201                                                          
          Application No. 08/696,283                                                  


          425, 208 USPQ 871, 881 (CCPA 1981).  In establishing a prima                
          facie case of obviousness, it is incumbent upon the examiner                
          to provide a reason why one of ordinary skill in the art would              
          have been led to modify a prior art reference or to combine                 
          reference teachings to arrive at the claimed invention.  See                
          Ex parte Clapp, 227 USPQ 972, 973 (Bd. Pat. App. & Int. 1985).              
          To this end, the requisite motivation must stem from some                   
          teaching, suggestion or inference in the prior art as a whole               
          or from the knowledge generally available to one of ordinary                
          skill in the art and not from the appellant's disclosure.                   
          See, for example, Uniroyal, Inc. V. Rudkin-Wiley Corp., 837                 
          F.2d 1044, 1052, 5 USPQ2d 1434, 1052 (Fed. Cir.), cert.                     
          denied, 488 U.S. 825 (1988).                                                
               The appellant’s invention is directed to improvements in               
          the rollers which operate upon the cams that cause brake shoes              
          to move into contact with brake drums.  The problem to which                
          the appellant has directed his inventive efforts is the                     
          elimination of the fracturing of the corners of these rollers               
          due to misalignment.  As manifested in independent claim 1,                 
          the structure that accomplishes this is defined as a                        

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