Appeal No. 2002-0175
Application No. 09/090,225
We find that Hibbert discloses a method of forming air-
filled chambers. The chambers are formed by pressing together
two sheets, using a press provided with numerous hemi-spherical
cavities coinciding with one another when the press is closed,
to form spherical cavities, each filled with compressed air.
See lines 74-111, and Figure 1, of Hibbert. Because spheres are
formed in the manner as described by Hibbert, each sphere is
positioned next to another sphere in a manner that mirrors the
position of each item 4 shown in Figure 1. The examiner has not
explained how such positioning provides for chambers that are
sealed lengthwise and crosswise to form spheres, as concluded by
the examiner on page 7 of the answer. The examiner has not
explained how such positioning provides for a panel of film
material being sealed length-wise thereof to define a plurality
of small diameter pressurized spheres such that adjacent spheres
share a lengthwise seal.
Furthermore, the examiner’s incorporation of Hibbert’s
teachings into Conklin or Lee is not well founded for the
following reasons.
If one having ordinary skill in the art would begin with
the invention of Hibbert, one would have a sheet containing a
plurality of spherical cavities filled with compressed air (cell
bands). One would then have to have been motivated to substitute
this sheet of Hibbert for the tubular member(s) disclosed in
Conklin or Lee, discussed in further detail below. Still yet,
the examiner has not demonstrated that the substitution would
arrive at appellant’s claimed invention.
Figure 4 of Conklin shows that tubular body length 10
(which is depicted in Figure 2) is coiled at 14 upon wheel 15.
The coiling is carried forth until the coil is of a desired size
to fit within casing A shown in Figure 1. The examiner has not
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007