Ex Parte Le et al - Page 7




          Appeal No. 2003-1499                                                        
          Application No. 09/531,872                                                  


          welds or structural forming, nor established why the absence of             
          assembly welds and structural forming would have been obvious to            
          one of ordinary skill in this art (see the Answer in its entirety).         
          Therefore, in view of our claim construction set forth above, we            
          determine that the examiner has failed to establish a prima facie           
          case of obviousness in view of the reference evidence.                      
          Accordingly, we cannot sustain the examiner’s rejection of claims           
          1-12 under 35 U.S.C. § 103(a) over Arya in view of Girard.                  
























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