Ex Parte RUSSO - Page 4




            Appeal No. 2002-1643                                                          Page 4              
            Application No. 09/140,700                                                                        


                   In rejecting claims under 35 U.S.C. § 103, the examiner bears the initial burden           
            of presenting a prima facie case of obviousness.  See In re Rijckaert, 9 F.3d 1531,               
            1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993).  A prima facie case of obviousness is                
            established by presenting evidence that would have led one of ordinary skill in the art to        
            combine the relevant teachings of the references to arrive at the claimed invention.              
            See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988) and In re               
            Lintner, 458 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA 1972).                                      


            Claims 1, 2, 5, 7, 11, 13, 15 and 16                                                              
                   Independent claims 1, 7 and 13 read as follows:                                            
                   1.    An industrial cleaning device comprising                                             
                         a sheet material dispenser bag having at least one flexible sidewall,                
                         said side-wall comprising at least two layers, one made of metal and the             
                   other made of a flexible plastic material, said flexible plastic material forming the      
                   outside of said side wall,                                                                 
                         a strip of industrial cleaning sheets delineated from one another by lines           
                   of weakness, said strip being contained within said bag, and an industrial                 
                   cleaning liquid absorbed into said sheets,                                                 
                         said bag having an outlet fixture forming a restricted outlet opening                
                   through which said sheet material can be pulled with substantial resistance so as          
                   to allow a sheet extending through said outlet opening to be withdrawn and torn            
                   free from said strip when pulled out through said outlet opening,                          
                         in which said strip is formed into a roll and said roll is flattened and has a       
                   hollow core hole from which said sheet material can be withdrawn longitudinally,           
                   said hole being aligned so as to exit towards said outlet opening,                         
                         said industrial cleaning liquid containing a solvent selected from the group         
                   consisting of acetone, isopropyl alcohol, methyl propyl keytone and methyl ethyl           
                   keytone, naphtha, aromatic hydrocarbons and a mixture of two or more of the                
                   foregoing.                                                                                 








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