Ex Parte TOMATSU - Page 5




          Appeal No. 2001-1610                                                        
          Application No. 09/028,449                                                  


          same problem with the examiner's proposed modification of cover             
          surface 13, the alleged second guiding device.  With no teaching            
          of plural guide members for each of the guiding devices, the                
          references clearly cannot teach or suggest the offset between the           
          first and second guiding devices.  Therefore, the examiner has              
          failed to meet each and every element of and, thus, to establish            
          a prima facie case of obviousness for claim 16 and its                      
          dependents, claims 17 through 25.  Consequently, we cannot                  
          sustain the rejection of claims 16 through 25.                              
                                     CONCLUSION                                       
               The decision of the examiner rejecting claims 2 through 32             
          under 35 U.S.C. § 103 is reversed.                                          
                                      REVERSED                                        





                         KENNETH W. HAIRSTON           )                              
                         Administrative Patent Judge )                                
                                                       )                              

                                                       )) BOARD OF PATENT             
                         ANITA PELLMAN GROSS           )     APPEALS                  
                         Administrative Patent Judge )       AND                      
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         HOWARD B. BLANKENSHIP         )                              
                         Administrative Patent Judge )                                

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