Ex Parte MIZUSUGI et al - Page 11




          Appeal No. 2000-0068                                                        
          Application 08/858,116                                                      

          shaping stage and the quenching stage.                                      
               Appellants have not proffered any persuasive argument with             
          respect to the examiner's reliance on McMaster and Kuster as                
          evidence that "quenching rings" were well-known expedients in the           
          glass shaping art for transporting hot, shaped sheets of glass              
          from a shaping stage to a quenching stage. Rather, appellants               
          have simply argued that McMaster and Kuster, like Seymour, are              
          not relevant because they, too, are directed to drop forming.               
          Nevertheless, as we have concluded above, appellants' claims are            
          of such a scope as not to exclude further subsequent shaping by             
          dropping the already-shaped hot sheet of glass on a shaping mold.           
          We also observe as we have noted above that Seymour does disclose           
          the use of ring molds for moving heated glass sheets in a shaping           
          process.                                                                    
               Having concluded that the examiner has made out a prima                
          facie case of obviousness with respect to the appealed subject              
          matter, it is necessary for us to consider appellants' rebuttal             
          evidence, if any, and to reconsider the prima facie case anew in            
          light of all the evidence.  In re Piasecki, 745 F.2d 1468, 1472,            
          223 USPQ 785, 788 (Fed. Cir. 1984). However, except for                     
          appellants allegation on page 5 of their brief of the alleged               
          benefits of the process of Claim 10 compared to the prior art,              
          appellants have neither presented any rebuttal evidence nor                 
          advanced any arguments with respect to any probative showing of             

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