Ex parte RONALD C. IDOL, et al. - Page 4

          Appeal No. 96-0681                                                          
          Application 08/041,715                                                      

          terminate at the inner surface of the cap, as exemplified by                
          holes 26 of Russell.                                                        
               However, the fact that apertures 22 of Kleinhans are                   
          presumably punched also accounts for the fact that their diameters          
          diverge outwardly.  Contrary to the examiner’s statement on page 7          
          of the answer, divergence of the diameters of the apertures is not          
          “taught” by Kleinhans; the most that can be said is that it is              
          shown in the drawing.  If the Kleinhans cap were made out of                
          plastic instead of metal, we do not consider that one of ordinary           
          skill would find it obvious to mold the apertures in the cap with           
          an outwardly diverging diameter, any more than they would                   
          reproduce in plastic the protruding inner ends of the Kleinhans             
          apertures.  Rather, one of ordinary skill would recognize that              
          Kleinhans’ apertures 22 have an outwardly diverging diameter and            
          extend beyond the inner surface of the cap as a result of the               
          method by which they were made (punching).  Since Kleinhans                 
          attributes no advantage to (in fact, does not even mention) the             
          outwardly diverging diameter of the apertures 22, one of ordinary           
          skill making the cap out of molded plastic would not be motivated           
          to try to replicate the shape of the punched apertures by using             
          apertures of outwardly diverging diameter, but in all likelihood            
          would simply use constant diameter apertures (as shown, for                 


Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007