Ex parte BUSE et al. - Page 4




                 Appeal No. 2000-0875                                                                                     Page 4                        
                 Application No. 08/945,138                                                                                                             


                 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).                                                                                                   


                          The appellants argue (brief, pp. 5-14) that the applied                                                                       
                 prior art (i.e., Okakda and Phalin) does not suggest the                                                                               
                 claimed subject matter.  We agree.  All the claims under                                                                               
                 appeal recite a plurality/several ironing rings through which                                                                          
                 a cup is pushed by a mandrel.  We have reviewed the teachings                                                                          
                 of the applied prior art and find no teaching or suggestion                                                                            
                 therein of a plurality/several ironing rings through which a                                                                           
                 cup is pushed by a mandrel.   Since the applied prior art2                                                                                     


                          2The appellants admit that a plurality/several ironing                                                                        
                 rings through which a cup is pushed by a mandrel as shown in                                                                           
                 Figure 2 is prior art (specification, p. 3), however, the                                                                              
                 examiner has not utilized this admission in the rejection                                                                              
                 before us in this appeal.                                                                                                              







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