Ex parte PATRELLO - Page 11




          Appeal No. 1998-2537                                                        
          Application 08/680,602                                                      



          mold.  The statement that “the mixture is poured and flattened              
          or vibrated smooth” prior to the molding process is not                     
          evidence that the mold is exclusively a flat mold, as such an               
          operation could also be performed on a mold having a depressed              
          center portion.                                                             


                    It is not difficult to see how the examiner could                 
          have interpreted the sometimes cryptic passages in Graham and               
          Huber to arrive at the stated rejection.  However, in                       
          reviewing both Graham and Huber as a whole, we find that these              
          references each relate to “green” wheels or lay-ups that                    
          already include a depressed center portion and that they do                 
          not teach or suggest a method as set forth in appellant’s                   
          claim 1 on appeal.  Therefore, we find that the examiner has                
          not established a prima facie case of obviousness.                          


                    In view of the foregoing, we will not sustain the                 
          35 U.S.C. § 103(a) rejection of claim 1 posited by the                      
          examiner.                                                                   



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