Ex Parte SILVA et al - Page 9




              Appeal No. 2002-1313                                                                Page 9                
              Application No. 09/282,590                                                                                


                     Here, the examiner fails to allege, let alone show, that the addition of Lau-Kee                   
              cures the deficiency of Seidl.  Absent a teaching or suggestion of changing the                           
              appearance of a 3D object by merely applying a modifier thereto, the examiner fails to                    
              present a prima facie case of obviousness.  Therefore, we reverse the obviousness                         
              rejections of claims 3, 11-15, and 17.                                                                    


                                                   CONCLUSION                                                           
                     In summary, the rejection of claims 1, 2, 4-10, 16, and 18-20 under § 102(e) and                   
              the rejection of claims 3, 11-15, and 17 under § 103(a) are reversed.                                     












                                                     REVERSED                                                           













Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007