Ex parte NAKANO - Page 5




          Appeal No. 1998-1968                                                        
          Application 08/425,293                                                      


          respectively embody an inner projection, outer projection and               
          stiffener projection meeting these limitations.                             


               To support this determination, the examiner relies on a                
          version of Shoda’s drawings (see the main answer, Appendix I)               
          which differs from the version actually contained in the                    
          reference.  The examiner generated the modified drawings by                 
          resolving several purported inconsistencies in the reference                
          drawings (see pages 6 through 8 in the main answer).  The                   
          problem here is that the examiner’s analysis of the reference               
          drawings, which are inconsistent to some degree, is unduly                  
          speculative.  By way of example, it is critical to the                      
          examiner’s position that                                                    
          the lowermost structural component depicted in cross-section                
          in Figures 3 and 7 is pillar inner panel 8 rather than the                  
          indicated rear head inner panel 11.  According to the                       
          examiner, this interpretation of Figures 3 and 7 is compelled               
          by the content of the other drawing figures, particularly                   
          Figures 1, 2 and 5.  It is just as conceivable, however, that               
          Figures 3 and 7 as shown in the reference are correct, and                  
          that the other drawing figures are in need of modification.                 

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