Ex parte MCMILLAN et al. - Page 13




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


          height should be increased to resist twisting (main brief,                  
          page 8 and reply brief, pages 2 and 5).  However, we note in                
          comparing the (h) and (w) values in the table of Garrett                    
          (columns 3 and 4) with the length and widths values in                      
          appellants' TABLES I AND II (page 6 of specification) that, as              
          is the case with Garrett (position 16), appellants' lengths                 
          and widths both increase leading to section 4-4.                            
          Additionally, the argument (main brief, pages 8 and 9)                      
          addressing a "boxier and more rectangular shape" derived from               
          decreasing height and increasing width is seen to be relevant               
          only to the claims whose rejection we have not sustained.  As               
          to the McMillan declaration, we note that appellants' argument              
          relying thereon (main brief, page 11) references claims which               
          describe the combination of a minimum width and a minimum W/L               
          ratio, the rejection of which claims we have not sustained.                 
          In the matter of the argument addressed to claims 4, 6, 9, 21,              
          and 24 (main brief, pages 11 and 12), we do not share                       
          appellants' point of view that the Garrett patent would not                 
          have been suggestive of the claimed string width and ratio of               
          string width to string length.  Consistent with the view                    
          articulated above, we are of the opinion, based upon the                    
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