Ex parte MUKA - Page 7




          Appeal No. 1999-2220                                       Page 7           
          Application No. 08/662,930                                                  


          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).                                                            
               Independent claims 1 and 29 also stand rejected as being               
          unpatentable over Iwai.  We have pointed out above the subject              
          matter recited in claims 1 and 29 which cannot be found in                  
          Iwai.  It is our view that these shortcomings are not overcome              
          by considering the reference in the light of 35 U.S.C. § 103.               
          We therefore conclude that the teachings of Iwai fail to                    
          establish a prima facie case of obviousness with respect to the             
          subject matter of claims 1 and 29, and the Section 103                      
          rejection cannot be sustained.                                              



















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