Ex Parte Gray et al - Page 3

                 Appeal 2007-2198                                                                                        
                 Application 10/324,181                                                                                  
                 differences between the claimed subject matter and the prior art; (3) the level                         
                 of ordinary skill in the art; and (4) secondary considerations.  See Graham v.                          
                 John Deere of Kansas City, 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                                 
                 The analysis supporting obviousness should be made explicit and should                                  
                 “identify a reason that would have prompted a person of ordinary skill in the                           
                 art to combine the elements” in the manner claimed.  KSR Int’l Co. v.                                   
                 Teleflex, Inc., 127 S. Ct. 1727, 1739, 82 USPQ2d 1385, 1396 (2007).                                     
                        Appellants argue the rejected claims for each of the stated rejections                           
                 as a group.  Accordingly, we select claim 1 as the representative claim on                              
                 which we decide this appeal as to the Examiner’s first and third stated                                 
                 rejections, and we select claim 2 as the representative claim for the                                   
                 Examiner’s second stated rejection.                                                                     

                 § 103(a) Rejection Over Curro, Ahr, Shimalla, and Turi                                                  
                        The Examiner has taken the position that Curro discloses a forming                               
                 structure corresponding to the representative claim 1 structure including                               
                 rounded aberrations (protrusions) extending from a first surface of the                                 
                 forming structure with the exception of an explicit description of an aspect                            
                 ratio defining a columnar shape for the raised protrusions as here claimed                              
                 (Answer 4 and 5; Curro, figs. 10 and 11; col. 15, l. 1 – col. 16, l. 68;                                
                 Abstract).  The forming structure with raised aberrations can be used to form                           
                 films having a surface roughness corresponding to an aberration – bearing                               
                 surface of the forming structure on a film surface (Curro, col. 16, ll. 32-52).                         
                        The Examiner has found that Ahr discloses that tactile impressions or                            
                 projections on a web surface are desirable in a variety of shapes, including                            
                 columnar hair-like shapes wherein the projections have relatively high                                  

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