Ex Parte Shermer et al - Page 4

               Appeal 2007-3147                                                                             
               Application 10/072,435                                                                       

               portions with weakened material allowing the body to be configured to fit                    
               different shapes or platens?                                                                 
                      Based on the totality of this record, we determine that the Examiner                  
               has established a prima facie case of obviousness based on the reference                     
               evidence, which prima facie case has not been adequately rebutted by                         
               Appellants’ arguments.  Therefore, we AFFIRM both grounds of rejection                       
               presented in this appeal essentially for the reasons stated in the Answer, as                
               well as those reasons set forth below.                                                       
                                                OPINION                                                     
                      We determine the following Factual Findings from the record in this                   
               appeal:                                                                                      
                      (1) Martin discloses an abrasive sheet for a sanding machine                          
                         comprising a body portion and a tip portion with a working point,                  
                         where the tip portion is defined by a weakened region so that the                  
                         tip portion can be separated from the body portion, turned through                 
                         an angle and re-positioned to provide a plurality of new working                   
                         points for extended use (Abstract; Figs. 1-2; col. 1, l. 44-col. 2,                
                         l. 2; and col. 3, ll. 1-14);                                                       
                      (2) Martin teaches that many hand-held electric sanders are well                      
                         known, conventionally designed to carry rectangular sand paper                     
                         sheets of quarter size, third size, or half size (col. 1, ll. 12-15);              
                      (3) Martin teaches that if the tip portion includes four working points,              
                         the tip portion is preferably substantially square but tip portions                
                         having two, three, five, six, seven, etc., working points                          
                         alternatively can be employed (col. 2, ll. 3-4; and col. 3, ll. 26-28);            


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