Ex Parte Hepburn - Page 2



          Appeal No. 2004-1701                                                         
          Application No. 09/697,647                                  Page 2           

               use solely by a plurality of resilient suction                          
               connectors distributed over the inner surface of said                   
               cover member,                                                           
                    each said suction connector including a suction                    
               cup portion releasably engagable with side frontal                      
               portion.                                                                
               The prior art references of record relied upon by the                   
          examiner in rejecting the appealed claims are:                               
          Wagner                        4,969,674            Nov.13, 1990              
          Thurm                         5,884,380            Mar. 23, 1999             
               Claims 19-22, 24 and 25 stand rejected under 35 U.S.C.                  
          § 103(a) as being unpatentable over Thurm in view of Wagner.                 
               We refer to the brief and to the answer for a complete                  
          exposition of the opposing viewpoints expressed by appellant and             
          the examiner concerning the issues before us on this appeal.                 

                                       OPINION                                         
               Upon consideration of the respective positions advanced by              
          appellant and the examiner with respect to the rejection that is             
          before us for review, we find ourselves in agreement with                    
          appellant’s position in that the examiner has failed to carry the            
          burden of establishing a prima facie case of obviousness.                    
          Accordingly, we will not sustain the examiner’s § 103(a)                     
          rejection.                                                                   






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