Appeal No. 1998-0832
Application 08/496,760
energy director to assure sufficient material to fill a void.”
Moreover, neither the APA, Uba nor Stolzman discloses any
dimensions or other information from which one of ordinary skill
in the art would recognize that the void would necessarily be
filled when the sleeve member and shoulder member of the modified
APA apparatus were joined. The fact that the void of the modified
APA apparatus might be filled when the sleeve member and shoulder
member were joined is not sufficient to establish that such
filling would be inherent.
Accordingly, a prima facie case of obviousness has not been
presented. See In re Rijckaert, 9 F.3d 1531, 1532-33, 28 USPQ2d
1955, 1956-57 (Fed. Cir. 1993).
The rejection of claim 8, and of claims 9 to 12 dependent
thereon, accordingly will not be sustained.
Conclusion
The examiner's decision to reject claims 8 to 12 is
reversed.
REVERSED
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