Ex parte MATIC et al. - Page 7




          Appeal No. 1999-2393                                                        
          Application 08/845,848                                                      

               deformation is well known as shown by the secondary                    
               reference to Brull.  Although Brull may not show the                   
               exact geometries of the claimed invention, but [sic]                   
               any of such geometries is only an obvious                              
               modification of cited art."                                            
               We are persuaded by the examiner’s position.  We find                  
          that Brull discloses, for instance at col. 2, lines 58 through              
          60, that each of the coupons (specimens) includes a special                 
          notch pattern comprised of at least one pair of notches                     
          designed to produce a local stress concentration.  Brull                    
          further goes on to say that the notch pattern of each of the                
          coupons produces a stress field which varies in intensity from              
          relatively mild to very severe.  Brull is clearly involved                  
          with testing the specimens and studying the effect of notch                 
          pattern in the concentration of stresses and strains in the                 
          specimen.  Therefore, we agree with the examiner that, in                   
          further analysis of the stresses and strains in the Bronowicki              
          system, an artisan would have found it desirable to introduce               
          stress concentrators in Bronowicki such as notch patterns as                
          taught by Brull.                                                            
               Appellants argue, brief at pages 14 and 15, that "[t]he                
          examiner cannot apply hindsight so as to find a teaching or                 
          suggestion in the coted [sic] references to establish                       

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