Ex parte CHERIAN - Page 3








                      a backing member for attachment to said transparent substrate member to provide a light                     
               reflecting backing over said wrong reading image said backing member containing a coating of adhesive              
               material for adhering said backing member to said transparent substrate member.1                                   



                                             THE REFERENCES OF RECORD                                                             

               As evidence of the prior art of record, the examiner relies upon the following references.                         

               Malhotra                      4,997,697                      Mar  05, 1991                                         
               Whalen                        5,197,763                      Mar  30, 1993                                         


                                                       THE REJECTION                                                              

                      Claims 4 through 10, 13 and 14 stand rejected under 35 U.S.C. § 103 as being unpatentable                   

               over Whalen in view of Malhotra.                                                                                   



                                                     OPINION                                                                      

                      We have carefully considered all of the arguments advanced by appellant and the examiner and                

               agree with the appellant that the aforementioned rejection under 35 U.S.C. § 103 is not well founded.              

               Accordingly, we will not sustain this rejection.                                                                   

               “[T]he examiner bears the initial burden, on review of the prior art or on any other ground, of                    

               presenting a prima facie case of unpatentability, ” whether on the grounds of anticipation or                      


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