Appeal No. 2004-0221
Application 09/320,149
two guide rails (4) (col. 2, lines 31-34; figure 1). Lubricant
passes through a plurality of bores (10) of a channel (8) in each
guide rail (col. 2, lines 54-56; figure 2). Some of the bores
are along a side of the channel and point toward the carriers,
and other bores are at an end of the channel and point, either in
the longitudinal direction of the channel or at an oblique angle
thereto (figure 1), toward the holder.
Gerhard discloses a thrust bearing having a thrust bearing
plate (34) with radially-oriented oval-shaped openings (46) which
supply lubricant directly onto the surfaces of bearing pads (38)
on the thrust bearing plate (col. 3, lines 21-30; col. 4,
lines 55-58; col. 5, lines 8-23; figure 2).
For a prima facie case of obviousness to be established, the
teachings from the prior art itself must appear to have suggested
the claimed subject matter to one of ordinary skill in the art.
See In re Rinehart, 531 F.2d 1048, 1051, 189 USPQ 143, 147 (CCPA
1976). The mere fact that the prior art could be modified as
proposed by the examiner is not sufficient to establish a prima
facie case of obviousness. See In re Fritch, 972 F.2d 1260,
1266, 23 USPQ2d 1780, 1783 (Fed. Cir. 1992). The examiner has
not carried the burden of explaining why the applied references
themselves would have fairly suggested, to one of ordinary skill
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