Ex parte BACH et al. - Page 4




          Appeal No. 1999-2765                                       Page 4           
          Application No. 08/752,396                                                  


                    A toy building comprising:                                        
                    a bracing structure (1), said bracing structure (1)               
               comprising columns (3) and girders (4) which locate walls              
               and room divisions of the toy building;                                
                    at least one substantially planar wall element (5);               
               and                                                                    
                    a plurality of fittings,                                          
                    wherein said bracing structure (1) and said at least              
               one wall element (5) are provided with complementary                   
               coupling means (6, 7) for releasable coupling of said at               
               least one wall element (5) to said bracing structure; and              
                    wherein said at least one wall element (5) and said               
               fittings (8) are provided with complementary coupling                  
               means (9, 10) for mounting of said fittings (8) on said                
               at least one wall element (5).                                         



               In rejecting claims under 35 U.S.C. § 103, the examiner                
          bears the initial burden of presenting a case of obviousness.               
          See In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956                
          (Fed. Cir. 1993).  A case of obviousness is established when                
          the teachings of the prior art itself would appear to have                  
          suggested the claimed subject matter to one of ordinary skill               
          in the art.  See In re Bell, 991 F.2d 781, 783, 26 USPQ2d                   
          1529, 1531 (Fed. Cir. 1993).  In considering the question of                
          the obviousness of the claimed invention in view of the prior               
          art relied upon, we are guided by the basic principle that the              
          question under                                                              








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