Ex parte WIERES - Page 5




          Appeal No. 2000-1269                                                        
          Application 08/756,349                                                      


          in the stack entails increased production costs”                            
          (specification, page 2, lines 1-2) indicates that it would                  
          have been obvious to one of ordinary skill in the art to make               
          all of Maus’ smooth layers thicker than the corrugated layers               
          to reduce production costs (answer, page 4).  The examiner                  
          argues that one of ordinary skill in the art would not have                 
          made both the smooth and structured layers the same thickness               
          to minimize production cost because Maus teaches (col. 2,                   
          lines 55-59) that reinforcing some of the smooth layers                     
          strengthens the catalyst support body (answer, page 4).  Thus,              
          the examiner argues, one of ordinary skill in the art would                 
          have reached a balance between strength and production cost                 
          through optimization, and in doing so would have made all                   
          smooth layers the same thickness and all corrugated layers the              
          same thickness to reduce production cost, and would have made               
          all smooth layers thicker than the corrugated layers to                     
          increase the strength of the catalyst support body (answer,                 
          page 5).                                                                    
               In order for a prima facie case of obviousness to be                   
          established, the teachings from the prior art itself must                   


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