Ex Parte Nicholson et al - Page 5




          Appeal No. 2004-0470                                                        
          Application No. 09/673,771                                                  

          bodies consist of “resin reinforced by short length high modulus            
          filaments extending substantially normal to the inner and outer             
          surfaces of the wall, i.e. generally radially, and preferably               
          through the entire wall thickness from one of the surfaces to the           
          other” (Abstract).  According to Elliott (see column 8, line 48,            
          through column 9, line 2), shells having this construction                  
          compare favorably with the conventional filament-wound shell 51             
          shown in Figure 21a in terms of damage repair and port opening              
          formation.                                                                  
               In proposing to combine Ball and Elliott, the examiner,                
          focusing on Elliott’s discussion of the filament-wound shell                
          shown in Figure 21a (see page 4 in the answer), submits that                
          “[i]t would have been obvious to one of ordinary skill in the art           
          to have employed the fiber reinforced plastic skin teachings set            
          forth in Elliott, et al. in the construction of the device of               
          Ball, motivated by the strength achieved thereby” (final                    
          rejection, page 2).                                                         
               Elliott’s passing mention of the filament wound shell shown            
          in Figure 21a, however, would not have provided the artisan with            
          any suggestion or motivation to make the inner and outer                    
          skins/shells of Ball’s housing members of fibre reinforced                  
          plastics material having a plurality of overlaid layers of                  


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