Appeal No. 2002-0116 Page 7
Application No. 09/457,730
one flexible side for elastically holding said workpiece; (2) forming a slot adjacent each
flexible side for allowing each flexible side to flex, wherein each slot comprises an opening
distinct from the first opening; and (3) each slot having a length approximately equal to that
of the flexible side.
With regard to these differences, the examiner appears to have determined
(answer, p. 4) that it would have been obvious to one of ordinary skill in the art, at the time
the invention was made, to have provided the fixture of the Admitted Prior Art with at least
one flexible side as suggested and taught by Balz in order to securely hold the workpiece
during machining operations.
The appellant does not dispute the obviousness of combining the teachings of
Balz's component retainer into the fixture of the Admitted Prior Art. Instead, the appellant
argues that the resultant fixture and method for producing that fixture does not teach or
suggest the subject matter of claim 21. We agree. In our view, Balz teaches and
suggests modifying the fixture of the Admitted Prior Art by providing on two, three or all four
sides of both openings 31 of fixture 30 compliant material having inwardly extending B (pi)
shaped contoured portions. However, the slot/oval opening defined by each of the
inwardly extending B (pi) shaped contoured portions has a length substantially less than the
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