Ex parte MIRZA - Page 4




          Appeal No. 2000-0951                                       Page 4           
          Application No. 08/640,160                                                  


          not sustain the examiner's rejection of claims 1, 4 to 6, 11,               
          14 to 16, 18 to 21, 25 and 28 under 35 U.S.C. § 103.  Our                   
          reasoning for this determination follows.                                   


               In rejecting claims under 35 U.S.C. § 103, the examiner bears          
          the initial burden of presenting a prima facie case of obviousness.         
          See In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed.          
          Cir. 1993).  A prima facie case of obviousness is established by            
          presenting evidence that would have led one of ordinary skill in the        
          art to combine the relevant teachings of the references to arrive at        
          the claimed invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d       
          1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013, 1016,         
          173 USPQ 560, 562 (CCPA 1972).                                              


               Griggs discloses an automobile certificate holder.  As                 
          shown in Figures 1-5, the holder includes a single transparent              
          sheet 12 folded to create a bottom edge 14 and a foldable flap              
          element 22; edges 28 and 30 of sheet 12 are compressed                      
          together under heat conditions and sealed at points 32 to form              
          an inner compartment for an automobile certificate; and a                   
          plurality of flexible magnets 34, 36 and 38 secured to face 18              







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