Ex parte LAFONTAINE et al. - Page 3




          Appeal No. 1997-4415                                                        
          Application 08/469,990                                                      



               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the briefs  and answer for the2                                  
          respective details thereof.                                                 
                                       OPINION                                        
               We will not sustain the rejection of claims 10-12, 18 and              
          19 under 35 U.S.C.  103.                                                   
               The Examiner has failed to set forth a prima facie case.               
          It is the burden of the Examiner to establish why one having                
          ordinary skill in the art would have been led to the claimed                
          invention by the express teachings or suggestions found in the              
          prior art, or by implications contained in such teachings or                
          suggestions.  In re Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6              
          (Fed. Cir. 1983).  "Additionally, when determining                          
          obviousness, the claimed invention should be considered as a                
          whole; there is no legally recognizable 'heart' of the                      
          invention."  Para-Ordnance Mfg. v. SGS Importers Int'l, Inc.,               


               2Appellants filed an appeal brief on June 30, 1997.                    
          Appellants filed a reply brief on August 22, 1997.  On                      
          September 17, 1997, the Examiner mailed a communication                     
          stating that the reply brief has been considered and entered                
          but no further response by the Examiner is deemed necessary.                
                                          3                                           





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