Appeal No. 1996-4071 Page 5
Application No. 08/292,692
failed to establish the obviousness of the claimed subject
matter within the meaning of 35 U.S.C. § 103.
In fashioning the stated rejection, the examiner relies
on JP ‘817 or JP ‘824 for allegedly disclosing the formation
of a biaxially oriented intermediate using a plug, a forming
method step precluded by the claimed process herein.
According to the examiner (answer, page 4), however:
[i]t would have been obvious to one of
ordinary skill in the art ... to draw the
blank of either Japanese reference using
positive pressure without plug-assist when
the end use did not require the uniform
thickness resulting from using a plug or a
thinner bottom was desirable.
In support of this proposed modification of the processes
taught by JP ‘817 or JP ‘824, the examiner relies on the
teachings of GB ‘830 in relation to pressure-forming being an
alternative to a plug-assisted forming step.
We do not agree with the examiner’s view of this matter.
The difficulty we have with the examiner’s position stems from
the fact that GB ‘830 is directed to a molding process wherein
the thermoplastic material is ultimately brought into intimate
engagement with the mold via vacuum, pressure and/or plug
assist techniques for final forming (GB ‘830, e.g., page 2,
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