Appeal No. 2005-1278 Page 20
Application No. 10/145,226
The limitation that the base has a curved raised potion as set forth in claim 31 is
not readable on the raised portion of the bottom piece 212 of Jacques '420 shown in
Figure 8. While Figure 8, depicts a raised portion, such raised portion is not shown as
being curved.
For the reasons set forth above, the decision of the examiner to reject claims 12,
14, 25, 28 and 29, and claims 13 and 26 dependent thereon, is affirmed and the
decision of the examiner to reject claim 31 is reversed.
The obviousness rejections
We will not sustain the rejection of claims 15, 27 and 30 under 35 U.S.C. § 103
as being unpatentable over Jacques '420 in view of Jacques '342. We will not sustain
the rejection of claim 19 under 35 U.S.C. § 103 as being unpatentable over Jacques
'420 in view of Jacques '342 and Capper.
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 the reference teachings would appear to be
sufficient for one of ordinary skill in the relevant art having the references before him to
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