Ex Parte SEAL et al - Page 5



          Appeal No. 2000-1799                                                        
          Application 09/211,473                                                      

          impregnation of the resin into the fibrous reinforcement other              
          than conditions which require applied pressure (col. 7, lines 25-           
          29), we find that the examiner has not carried the burden of                
          establishing a prima facie case of anticipation of the method               
          recited in the appellants’ claim 1.  Consequently, we reverse the           
          rejection under 35 U.S.C. § 102(b) of this claim and claims 2               
          and 9-11 which depend therefrom.  Because the examiner has not              
          explained how Seibold would have fairly suggested, to one of                
          ordinary skill in the art, using conditions to assure                       
          substantially complete impregnation of the resin into the fibrous           
          reinforcement which do not include applied pressure, we reverse             
          the rejection of claims 8 and 59 under 35 U.S.C. § 103 over                 
          Seibold.  Because the examiner has not explained how Honka and              
          Palmer remedy the above-discussed deficiency in Seibold, we                 
          reverse the rejection of claims 3-7 under 35 U.S.C. § 103.                  
                     Prior art rejection of claims 12-14 and 58                       
               The appellants do not argue the separate patentability of              
          claims 13, 14 and 58 which depend from independent claim 12.                
          Hence, we limit our discussion of the prior art rejection of                
          these claims to claim 12.  See In re Burckel, 592 F.2d 1175,                
          1178-79, 201 USPQ 67, 70 (CCPA 1979); In re Herbert, 461 F.2d               
          1390, 1391, 174 USPQ 259, 260 (CCPA 1972); 37 CFR                           
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