Ex parte PARISI et al. - Page 4




          Appeal No. 2000-0303                                       Page 4           
          Application No. 08/886,649                                                  


          to 27 under 35 U.S.C. § 103.  Our reasoning for this                        
          determination follows.                                                      


               In 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).  A prima facie case of                  
          obviousness is established by presenting evidence that would                
          have led one of ordinary skill in the art to combine the                    
          relevant teachings of the references to arrive at the claimed               
          invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d                   
          1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013,               
          1016, 173 USPQ 560, 562 (CCPA 1972).                                        


               All the claims under appeal recite a strainer for a drain              
          assembly comprising, inter alia, a cup-shaped body having an                
          upstanding smooth uncorrugated outer peripheral wall, a floor,              
          and an upraised central portion having an inner peripheral                  
          wall and a top surface; a plurality of slots in the outer                   
          peripheral wall for draining water; a plurality of slots in                 
          the floor for draining water; a plurality of slots in the                   







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