Ex Parte Millhollin - Page 5




              Appeal No. 2006-0627                                                                                         
              Application No. 10/263,140                                                                                   

                     These arguments are not persuasive.  As correctly stated by the examiner                              
              (Answer, page 5), Wolfe clearly teaches a “chamber within a chamber” design by                               
              disclosing inflatable bladders 18 within the inflatable main body 12, where the “bladders                    
              aid in providing additional buoyancy to the main body, should it lose filling gas” (col. 2, ll.              
              39-41).  Furthermore, the design taught by Hansen would also have been considered by                         
              one of ordinary skill in this art a “chamber within a chamber” design as shown in Figure                     
              2, namely where the inflatable collar 20 with unitary outer cover 23 has one or more                         
              inflatable internal air bladders 25, and each internal air bladder 25 further includes a                     
              foam insert 21 to provide added stability in the event that the air bladders lose water                      
              and airtight integrity (page 1, ¶[0009]; page 2, ¶[0018]; pages 2-3, ¶[0021]; and page 3,                    
              ¶[0023]).  Accordingly, we determine that Hansen and Wolfe teach the same “chamber                           
              within a chamber” design as recited in claim 1 on appeal for the same function, namely                       
              to provide buoyancy in the event of an air loss in the outer chamber.                                        
                     For the foregoing reasons and those stated in the Answer, we determine that the                       
              examiner has established a prima facie case of obviousness in view of the reference                          
              evidence.  Based on the totality of the record, including due consideration of appellant’s                   
              arguments, we determine that the preponderance of the evidence weighs most heavily                           
              in favor of obviousness within the meaning of section 103(a).  Therefore we affirm the                       
              rejection of claims 1, 2, 5, 8, 9, 12, 14 and 15 under section 103(a) over Spieldiener in                    
              view of Wolfe and Hansen.                                                                                    


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