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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