Ex parte BLAUSTEIN et al. - Page 4




               Appeal No. 1998-3300                                                                                                  
               Application 08/722,907                                                                                                


                       Claims 1 through 3, 6 and 7 stand rejected under 35 U.S.C. § 103 as being unpatentable over                   

               Bross in view of Di Silvestro.  On page 4 of the answer, the examiner has explained this rejection                    

               thusly,                                                                                                               

                       German Publication #1561812 [Bross] discloses substantially similar structure in Figure                       
                       4.   Swiss  Patent #612885 [Di Silvestro] shows the concave portion toward the tip in                         
                       Figure 7.  It would have been obvious to a mechanic with ordinary skill in the art to                         
                       reverse the seal if so desired.  The motivation is the known equivalence as shown in                          
                       Figures 6 and 7 of the Swiss Patent (Answer, page 4).                                                         


                       Claims 4 and 5 stand rejected under 35 U.S.C. § 103 as being unpatentable over Bross in view                  

               of Di Silvestro as applied above, and further in view of Lai, Hoffman and Kroutl.                                     



                       Rather than reiterate the examiner's full statement of the above-noted rejections and the                     

               conflicting viewpoints advanced by the examiner and appellants regarding the rejections, we make                      

               reference to the examiner's answer (Paper No. 11, mailed June 3, 1998) for the reasoning in support of                

               the rejections, and to appellants’ brief (Paper No. 10, filed March 9, 1998) for the arguments                        

               thereagainst.                                                                                                         









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