Ex Parte Rastegar - Page 5

          Appeal Number: 2006-0974                                                    
          Application Number: 10/244,336                                              

          because each of the opposing surfaces of Rivin’s tubular element            
          reasonably can be considered a wall.                                        
               The appellant argues that a compressive force will not                 
          cause an amplified second deflection of Rivin’s wall into                   
          Rivin’s transformable material (ice) as required by the                     
          appellant’s claim 56, and that the ice can cause the walls to               
          buckle outwardly because water expands when transformed from the            
          liquid to the solid phase (brief, page 6).  We are not convinced            
          by that argument because the fact that Riven’s walls 101 are                
          concave like the appellant’s walls 104 indicates that before                
          Rivin’s water is frozen, Riven’s structural beam, like that of              
          the appellant, meets that claim requirement.                                
               For the above reasons we are not convinced of reversible               
          error in the examiner’s rejection of claims 56-63 over Rivin.               
          Hence, we affirm that rejection.                                            
                              Rejection over Konsevich                                
               Konsevich discloses a printed wiring board vibration                   
          dampening stiffener beam having thin metal foil strips (32)                 
          bonded to each other and to a stiffening web (24) by a                      
          viscoelastic adhesive (34) (col. 3, line 22; col. 4, lines 1-4).            
               The examiner argues that “[b]y its very nature and shape               
          Konsevich would ‘react’ such that a first compressive force,                
          (along any of the sides), tending to compress the beam by a                 

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