Ex Parte Kennedy - Page 5




               Appeal No. 2004-0086                                                                             5                
               Application No. 09/730,868                                                                                        

               reasonable chance of success in choosing the specific modifications disclosed by Oka and                          
               Cadorniga respectively.  We further conclude that the prior art has revealed that in so                           
               making or carrying out, those of ordinary skill in the art would have had a reasonable                            
               expectation of success.  See In re Vaeck, 947 F.2d 488, 493, 20 USPQ2d 1438, 1442                                 
               (Fed. Cir. 1991).                                                                                                 
               Based upon the above evidentiary findings, we conclude that it would have been                                    
               obvious to one of ordinary skill in the art to have utilized the compound dimple of                               
               Cadorniga in the combination of dimples disclosed by Oka.  Accordingly, we affirm the                             
               rejections over Oka in view of Cadorniga.                                                                         


                                                          DECISION                                                               
                      The rejection of claims 1 through 6 under 35 U.S.C. §103(a) as being                                       
               unpatentable over Oka in view of Cadorniga is affirmed.                                                           




















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