Ex parte POTTER - Page 9




                Appeal No. 96-1881                                                                                                            
                Application No. 08/095,476                                                                                                    


                disclose three chambers (air pockets 3, 4 and 5) each having an                                                               
                end (as shown in Figure 1, each air pocket has an end adjacent to                                                             
                the rightmost edge 12) which is adjacent to a blocking seal                                                                   
                (rightmost edge 12 along the area where the three pockets come                                                                
                together).  Thus, Bolla does disclose a weld line (rightmost edge                                                             
                12) that isolates three chambers from each other.                                                                             


                         In light of the foregoing, we conclude that claim 37 is                                                              
                unpatentable under 35 U.S.C.  103.                                                                                           


                         The appellant has grouped claims 37 through 39 and 45                                                                
                through 50 as standing or falling together.   Accordingly, claims       3                                                     
                38, 39 and 45 through 50 fall with claim 37.  Thus, it follows                                                                
                that the examiner's rejection of claims 38, 39 and 45 through 50                                                              
                under 35 U.S.C.  103 is also sustained.                                                                                      


                         Next we turn to the examiner's rejection of independent                                                              
                claim 40 which was rejected under 35 U.S.C.  103 as being                                                                    
                unpatentable over Bolla in view of Casey and Rudy '250.                                                                       




                         3See page 9 of the appellant's brief.                                                                                
                                                                      9                                                                       





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