Ex Parte Niwa et al - Page 6



          Appeal No. 2005-2287                                                        
          Application No. 09/767,588                                                  

               Accordingly, we will sustain the rejection of claims 1, 9,             
          17, 20, and 21 under 35 U.S.C. § 102(e).                                    
               With regard to the rejection of claims 6, 8, 18, and 19                
          under 35 U.S.C. § 103, appellants contend that the combination of           
          Saito and Nakanowatari does not teach or suggest “sealing                   
          material has a projecting portion formed by bending said sealing            
          material at an acute angle when said injection hole is formed.”             
          Appellants specifically point to Figures 2 and 8 of Saito to show           
          that the injection hole is of rectangular shape, formed by the              
          strip spacer SPC-S, and that the seal material simply conforms              
          around the rectangular shape of the strip spacer, but that no               
          portion of the strip spacer in Saito is bent at an acute angle,             
          as claimed.                                                                 
               Appellants note that Nakanowatari shows, in Figure 3, and              
          column 3, lines 7-10, that one part of a sealing member 3 is                
          opened to constitute an injection hole 5, but that Nakanowatari             
          does not teach or suggest that a “sealing material has a                    
          projecting portion formed by bending said sealing material at an            
          acute angle when said injection hole is formed.”  In particular,            
          note appellants, the sealing member 3 of Nakanowatari forming the           
          injection hole is bent at an angle greater than 90 degrees,                 
          obtuse, rather than acute, as claimed.                                      
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