Appeal No. 2000-1623
Application 09/030,385
The references applied in the final rejection are:
Johnstonbaugh 4,615,448 Oct. 7,
1986
Grossen 5,138,803 Aug. 18,
1992
The appealed claims stand finally rejected on the
following grounds:
(1) Claims 1 to 5, unpatentable over Johnstonbaugh in view of
Grossen, under 35 U.S.C. § 103(a).
(2) Claims 4 and 5, unpatentable for failure to comply with 35
U.S.C. § 112, second paragraph.2
Rejection (1)
Considering claim 1, the only independent claim, the
examiner finds, in effect, that all the limitations of that
claim are readable on Johnstonbaugh except for the requirement
that the insert be “formed of resilient material”. The
examiner concludes, however, that the claimed subject matter
2The final rejection states that this rejection applies
to claims 1 to 5, but on page 4 of the answer the examiner
agrees that it is only applicable to claims 4 and 5.
2
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