Ex Parte Preisler et al - Page 4




              Appeal No. 2005-2633                                                                     Page 4                 
              Application No. 10/254,376                                                                                      


                      and a plurality of spaced energy-absorbing, head-impact mechanisms                                      
                      formed on the sheet for absorbing energy of an impact with the headliner by                             
                      a passenger of the vehicle wherein each of the head-impact mechanisms                                   
                      include a plurality of spaced-apart, energy-absorbing, thermoplastic                                    
                      structures which are integrally molded to and extend upwardly from the                                  
                      upper surface of the thermoplastic sheet and wherein the number, spacing,                               
                      and size of the structures are predetermined based on head-impact                                       
                      requirements;                                                                                           
                         cooling the headliner beneath the softening point of the molten resin; and                           
                         opening the mold and removing the headliner.                                                         
                      The '102 rejection                                                                                      
                      The Examiner rejected claims 17 and 25 under 35 U.S.C. '102(e) as anticipated                           
              by Barber.  We reverse.                                                                                         
                      In order for a claimed invention to be anticipated under 35 U.S.C. § 102, all of the                    
              elements of the claim must be found in one reference.  Scripps Clinic & Research                                
              Found. v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir.                                  
              1991).  Claims 17 and 25 both require a plurality of spaced energy-absorbing,                                   
              head-impact mechanisms.  Each of the head-impact mechanisms includes a plurality of                             
              spaced-apart, energy-absorbing thermoplastic structures which are integrally molded                             
              and extend upwardly from an upper surface of the molded sheet.  The Examiner relies                             
              on Barber’s impact pads (13, 14 and 15) as the plurality of head-impact mechanisms.                             
              However, these impact pads do not each have a plurality of spaced-apart,                                        
              energy-absorbing thermoplastic structures which are integrally molded and extend                                
              upwardly from an upper surface of the molded sheet.  The Examiner also acknowledges                             
              that Barber does not teach the use of thermoplastic materials in the molding process                            







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