Ex parte POMERANTZ - Page 6




             Appeal No. 2002-0116                                                              Page 6                
             Application No. 09/457,730                                                                              


             respectively, the openings can have other shapes such as (see Figures 11A-F) a                          
             substantially square shape 60, oval shape 62, diamond shape 64 and a bow-tie shape 66.                  


                    From the above teachings of Balz, we conclude that Balz teaches forming a four-                  
             sided first opening (30b, 30 c, 30d) in a disk of material 12, the four-sided first opening             
             having at least one flexible side for elastically holding a workpiece (Figure 4 shows four              
             flexible sides, Figure 5 shows three flexible sides and Figure 6 shows two flexible sides);             
             and forming a second opening distinct from the first opening adjacent each flexible side for            
             allowing each flexible side to flex, wherein the second opening may be either a circle (24 in           
             Figures, 4, 5 and 6) or a slot/oval (Figure 7H).  However, the slot/oval opening has a length           
             substantially less than the length of the flexible side.                                                


                    After the scope and content of the prior art are determined, the differences between             
             the prior art and the claims at issue are to be ascertained.  Graham v. John Deere Co.,                 
             383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                                                            


                   Based on our analysis and review of the Admitted Prior Art and claim 21, it is our               
             opinion that the differences are as follows: (1) the first opening having at least                      











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