Ex parte MCMILLAN et al. - Page 12




          Appeal No. 1999-2737                                                        
          Application No. 08/438,767                                                  


          obvious to one having ordinary skill in the art, based upon                 
          the prior art evidence before us.                                           


               As to claims 25 through 27, which each depend from claim               
          16, we cannot sustain the rejection thereof under 35 U.S.C. §               
          103.                                                                        
          Consistent with the view articulated above relative to claim                
          8, in particular, it is apparent to us that the Garrett patent              
          would not have been suggestive of a ratio of maximum width to               
          length of at least 0.5 when the maximum width was at least                  
          0.600 inch, 0.620 inch, or 0.640 inch, as now claimed in                    
          respective claims 25, 26, and 27.                                           


               We turn now to the argument advanced by appellants.                    


               As to the rejection of claims 1 through 7, 15 through 22,              
          and 24 which we have sustained, the appellants' argument in                 
          the main (pages 7 through 15) and reply briefs has simply not               
          convinced us that the content of these claims is patentable                 
          over the evidence before us.  Appellants' refer to Garrett                  
          (column 3, lines 9 et seq.) as teaching that both width and                 
                                         12                                           





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007