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Ex parte POTTER - Page 9Legal Research Home > Board of Patent Appeals and Interferences > 1997 > Ex parte POTTER - Page 9
Appeal No. 96-1881
Application No. 08/095,476
disclose three chambers (air pockets 3, 4 and 5) each having an
end (as shown in Figure 1, each air pocket has an end adjacent to
the rightmost edge 12) which is adjacent to a blocking seal
(rightmost edge 12 along the area where the three pockets come
together). Thus, Bolla does disclose a weld line (rightmost edge
12) that isolates three chambers from each other.
In light of the foregoing, we conclude that claim 37 is
unpatentable under 35 U.S.C. § 103.
The appellant has grouped claims 37 through 39 and 45
through 50 as standing or falling together. Accordingly, claims 3
38, 39 and 45 through 50 fall with claim 37. Thus, it follows
that the examiner's rejection of claims 38, 39 and 45 through 50
under 35 U.S.C. § 103 is also sustained.
Next we turn to the examiner's rejection of independent
claim 40 which was rejected under 35 U.S.C. § 103 as being
unpatentable over Bolla in view of Casey and Rudy '250.
3See page 9 of the appellant's brief.
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