Ex parte BERRY - Page 7




          Appeal No. 1999-1740                                       Page 7           
          Application No. 08/799,433                                                  


          The obviousness rejections                                                  
               We will not sustain the rejections of claims 5 and 9                   
          under                                                                       
          35 U.S.C. § 103.                                                            


               As pointed out above, the limitation regarding "a line of              
          weakness" is not taught or suggested by Omura.  We have also                
          reviewed the reference to Norton applied in the rejection of                
          claim 5 but find nothing therein which would have suggested                 
          the claimed "line of weakness."  Since all the claimed                      
          limitations are not suggested by the applied prior art, the                 
          decision of the examiner to reject claims 5 and 9 under 35                  
          U.S.C. § 103 is reversed.                                                   




                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject                   
          claims 1 to 4, 6 to 8 and 10 to 14 under 35 U.S.C. § 102(b) is              
          reversed and the decision of the examiner to reject claims 5                
          and 9 under 35 U.S.C. § 103 is reversed.                                    









Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007