Ex Parte UMEHARA et al - Page 7



          Appeal No. 2000-2020                                                        
          Application No. 09/050,558                                                  

          conclude that any suggestion to modify the disclosure of Van                
          Heeswijk by adding the elastic pawls of Wakimizu, could not have            
          come from the references themselves but, rather, only from                  
          Appellants’ own disclosure.                                                 
               In conclusion, since the Examiner has not established a                
          prima facie case of obviousness, the 35 U.S.C. § 103 rejection of           
          independent claims 1 and 6, as well as claims 2-5 and 7 dependent           
          thereon, is not sustained.  Therefore, the decision of the                  
          Examiner rejecting claims 1-7 is reversed.                                  
                                      REVERSED                                        


                    ERROL A. KRASS             )                                      
                    Administrative Patent Judge )                                     
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    JOSEPH F. RUGGIERO          )     APPEALS AND                     
                    Administrative Patent Judge )    INTERFERENCES                    
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    JOSEPH L. DIXON          )                                        
                    Administrative Patent Judge )                                     

          jfr/vsh                                                                     


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