Ex Parte KURRASCH et al - Page 6



                    Appeal No. 1999-2809                                                                                                                                  
                    Application No. 08/155,946                                                                                                                            

                    for making the combination asserted by the examiner.  Like                                                                                            
                    appellants, it is our view that the examiner is using the                                                                                             
                    hindsight benefit of appellants' own disclosure to combine the                                                                                        
                    strengthening elements of Rosling's door with the cabinet wall                                                                                        
                    panels of Blodee, and further, to modify the added strengthening                                                                                      
                    elements to have a honeycomb structure like that taught by                                                                                            
                    Wilkins.  We note that in Wilkins, the honeycomb matrix                                                                                               
                    apparently fills the entire cavity in the container walls and we                                                                                      
                    do not consider that one of ordinary skill in the art would have                                                                                      
                    been motivated by the applied references, absent hindsight, to                                                                                        
                    provide separate strengthening elements having a honeycomb                                                                                            
                    matrix, and to include a "volume of space" (e.g., claim 1, lines                                                                                      
                    19 and 20) therebetween as in appellants' claimed cabinet.  We                                                                                        
                    note that independent claim 14 defines the same cabinet structure                                                                                     
                    as in claim 1 in slightly different terms.                                                                                                            

                              Accordingly, we will not sustain the examiner's rejection of                                                                                
                    claims 1, 3-12, 14-16, 18-21, 23-25, 89, 90, 92-95, 97 and 98                                                                                         
                    under 35 U.S.C. § 103(a) as being unpatentable over Blodee and                                                                                        
                    Rosling in further view of Wilkins.                                                                                                                   



                                                                                    66                                                                                    




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007