Ex parte HEYN - Page 10




                 Appeal No. 1997-1285                                                                                       Page 10                     
                 Application No. 08/307,153                                                                                                             


                 incorporate the fold of Suzuki into the product design of FR 196.  Therefore, we must conclude that the                                

                 examiner has failed to establish a prima facie case in regard to the subject matter of claim 36.                                       

                          In view of the above discussion, we conclude that the examiner has established a prima facie                                  

                 case of obviousness with respect to the subject matter of claims 20, 26, 29, 30 and the claims that                                    

                 stand or fall with those claims, but has failed to establish a prima facie case of obvious with respect to                             

                 the subject matter of claims 33 and 36.                                                                                                



                                                                  CONCLUSION                                                                            

                          To summarize, the decision of the examiner to reject claims 20 and 26-32, 34, 35, and 37                                      

                 under 35 U.S.C. § 103 is affirmed.  The decision of the examiner to reject claims 33 and 36 is                                         

                 reversed.                                                                                                                              























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