Ex Parte Webster et al - Page 7




              Appeal No. 2003-1336                                                                  Page 7                
              Application No. 09/642,398                                                                                  


                     Independent claim 25 recites that the hole pattern is configured to define “a clear                  
              path from beyond said clamp to said workpiece.”  On the basis of the reasoning we                           
              applied above with regard to claim 23, the Section 102 rejection of claim 25 also is                        
              sustained.                                                                                                  
                     Claim 26 requires that the hole pattern in the first block include “at least one                     
              channel in a surface of said first block.”  We agree with the appellants that this feature                  
              is not disclosed in Hennessey.  This being the case, Hennessey does not anticipate the                      
              subject matter of claim 26, and the rejection of claim 26 and dependent claim 27 cannot                     
              be sustained.                                                                                               
                     As for independent claim 28, it is our view that the hole pattern of Hennessey’s                     
              blocks are configured in such a fashion as to be capable of receiving a portion of a                        
              workpiece therein.  The only argument advanced by the appellants concerns this                              
              feature, and we are not persuaded by it that the rejection shouldn’t be sustained.                          
                     Independent claim 29 requires that the first hole pattern include at least one hole                  
              “configured to align with a fastening feature of the workpiece,” and independent claim                      
              30 that it align with “a sealing feature of a workpiece.”   Again, we are of the opinion that               
              the blocks disclosed by Hennessey have the capability to be so aligned, and we thus                         
              will sustain the  Section 102 rejection of both of these claims.                                            
                     In arriving at the foregoing conclusions, we have carefully considered all of the                    
              appellants’ arguments as they might apply to the claims the rejections of which we have                     








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