Ex parte IVE - Page 15

          Appeal No. 1999-1491                                                        
          Application No. 08/386,670                                                  

               With regard to the examiner’s rejection of claim 11 as                 
          being obvious over Ledesma in view of Deck and further in view              
          of Solin, the examiner recognizes that Ledesma lacks first and              
          second pad sections as claimed and the claimed first and                    
          second pockets of the casing which are adapted to receive the               
          first and second pad sections.  However, although the examiner              
          relies on Solin to “bridge the gap” between the claimed                     
          invention and the patent to Ledesma, the examiner has failed                
          to explain why one of ordinary skill in the art would have                  
          divided the cushion (10) of Ledesma transversely of the                     
          pyramidal pad members (16) and also failed to point out any                 
          part of Solin’s disclosure which discusses the presence of                  
          pockets.  Like appellant, we see no reason, teaching or                     
          suggestion in Solin which would have led one of ordinary skill              
          in the art to divide the cushion of Ledesma in the particular               
          manner required in claim 11 on appeal.  Moreover, while the                 
          appellant provides no direct comment regarding the presence or              
          absence of pockets in the prior art applied by the examiner,                
          we must reverse the examiner who explicitly pointed out the                 
          deficiency in the primary reference and then failed to                      
          establish a prima facie case of obviousness since the missing               

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