Appeal No. 1999-2248
Application No. 08/960,255
portion 3b and spot welded, so the iron core 3 is connected to
the plate 4. Thus, the butt connection means are not at the
distal end of the cylindrical portion where the cylindrical
portion abuts the first surface so that the axial center of
the cylinder portion is substantially coincident with the
axial center of the iron core. As these elements of the claims
are not disclosed by the admitted prior art, this rejection is
reversed.
B. Rejection of Claims 3-6 and 8-9 under 35 U.S.C. §
103(a) as unpatentable over Appellants' admitted prior art
figures 13-21.
We will not sustain the rejection of claims 3-6 and 8-9
under 35 U.S.C. § 103(a).
The Examiner has failed to set forth a prima facie case.
It is the burden of the Examiner to establish why one having
ordinary skill in the art would have been led to the claimed
invention by the express teachings or suggestions found
in the prior art, or by implications contained in such
teachings or suggestions. In re Sernaker, 702 F.2d 989, 995,
217 USPQ 1, 6 (Fed. Cir. 1983). "Additionally, when
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