Ex Parte Gitis et al - Page 15




           Appeal No. 2003-0065                                                                     
           Application 09/491,284                                                                   

                 Claim 16                                                                           
                 Appellants argue that claim 16 recites "the wide part of the                       
           U-shaped portion is spaced from the trailing edge," which                                
           distinguishes over Brezoczky for this reason as well as the                              
           reasons mentioned for claims 14 and 15 (Br12).                                           
                 Appellants do not argue why the examiner erred in the                              
           rejection which includes Fukuoka and, in fact, appellants do not                         
           mention Fukuoka at all.  The rejection must be sustained for this                        
           reason.  In addition, the wide part of the U-shaped portion in                           
           Fig. 7 of Fukuoka is spaced from the trailing edge as claimed and                        
           the modification of the pad in Brezoczky to have a U-shape in                            
           view of Fukuoka would also have this characteristic.  The                                
           rejection of claim 16 is sustained.                                                      

                 Claims 20 and 21                                                                   
                 Claim 20 is taken as representative.                                               
                 Appellants argue that claim 20 recites "the pad includes a                         
           parabolic-shaped portion ... and a wide part of the                                      
           parabolic-shaped portion is spaced from the leading edge," which                         
           distinguishes over Brezoczky for this reason as well as the                              
           reasons mentioned for claims 4 and 13 (Br13).                                            
                 Appellants do not argue why the examiner erred in the                              
           rejection which includes Fukuoka and, in fact, appellants do not                         
           mention Fukuoka at all.  The rejection must be sustained for this                        
           reason.  In addition, we agree with the examiner that Fukuoka                            
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