Ex parte DAVIS et al. - Page 7




          Appeal No. 2000-0713                                                        
          Application 08/864,726                                                      


          examiner relies on an express or implicit showing, he must                  
          provide reasons for finding a limitation to be taught or                    
          suggested in the reference.  Id.                                            
               We find no evidence in the record to support the                       
          examiner's conclusion that the term ?tablet" would have                     
          suggested to one of ordinary skill in the art an adhesive                   
          preform having ?opposing convex curved surfaces, the perimeter              
          of the adhesive preform having concave shape edges" as                      
          required by the claims on appeal.  Moreover, the examiner has               
          not identified a showing of a suggestion or motivation to                   
          modify the ?tablet" disclosed in Prud'Homme to have the shape               
          of the adhesive preform as recited in the claims on appeal.                 
          Accordingly, we find that the examiner has not established a                
          prima facie case of obviousness and the rejection under 35                  
          U.S.C. §103 is reversed.                                                    




               The decision of the examiner is reversed.                              

                                      REVERSED                                        




          Edward C. Kimlin                )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
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