Ex Parte TIMOFEEV - Page 9

               Appeal 2006-2796                                                                                                        
               Application 09/230,439                                                                                                  

          1    there is no disclosure of a horizontal fastening member projecting from a rearward                                      
          2    facing surface of a working member (the Naka ‘797 edge base cushion) and a                                              
          3    vertical fastening member projecting from a downwardly facing surface of the                                            
          4    working member (Br. 20-21).  Claim 18 requires “a horizontal fastening member                                           
          5    projecting from a rearward facing surface of the working member” and “a vertical                                        
          6    fastening member projecting from a downward facing surface of the working                                               
          7    member”.  In the embodiment shown in the Naka ‘797 figure 2, the edge base (11)                                         
          8    (which corresponds to the Appellant’s horizontal fastening member) projects from                                        
          9    a rearward facing surface of the edge base cushion (12) (which corresponds to the                                       
         10    Appellant’s working member), and the riser cover (16) projects from a downward                                          
         11    facing surface of the edge base cushion.  In the embodiment shown in the                                                
         12    Naka ‘797 figure 6, the edge base (81) (which corresponds to the Appellant’s                                            
         13    horizontal fastening member) projects from a rearward facing surface of the edge                                        
         14    base cushion (12) (which corresponds to the Appellant’s working member), and                                            
         15    the riser cover (16) projects from a downward facing surface of the edge base                                           
         16    cushion.                                                                                                                
         17            The Appellant argues that the Naka ‘797 edge base and riser cover are not                                       
         18    integrally formed with the edge base cushion (Br. 20).  The Naka ‘797 riser                                             
         19    cover 16 is integrally formed with edge base 11, and edge base 11 is integrally                                         
         20    formed with edge base cushion 12 (col. 2, ll. 16-17, 25-27).  Edge base 81 has the                                      
         21    structure of edge base 11 except for the omission of a positioning groove (13)                                          
         22    (col. 5, ll. 37-39).  Hence, edge base 81 also is integrally formed with the edge base                                  
         23    cushion.                                                                                                                
         24            The Appellant argues that none of the applied references discloses the                                          
         25    recited relationship between modulus of elasticity E and thickness H (Reply Br. 6).                                     


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