Ex parte POTTER - Page 15




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


                opening communicating with separate inlet passageways for each                                                                
                air pocket and to have then sealed the ends of the inlet                                                                      
                passageways in a small area around the opening.                                                                               


                         Lastly, the appellant's argument (brief, pp. 19-20) that                                                             
                Bolla teaches away from the asserted combination is unpersuasive                                                              
                for the following reason.  First, the examiner's rejection is not                                                             
                based upon sealing interuptions 50 of Bolla but upon Bolla's                                                                  
                sealed air pockets 3, 4 and 5.  Second, while Bolla does                                                                      
                specifically disclose that the air pockets 3, 4 and 5 can be                                                                  
                inflated by means of a syringe or appropriate valve, Bolla also                                                               
                states the air pockets 3, 4 and 5 can be inflated by a known                                                                  
                method.   Thus, we agree with the examiner (answer, p. 9) that6                                                                                                                 
                Bolla would have suggested to one skilled in the art to inflate                                                               
                his air pockets 3, 4 and 5 by any known method.                                                                               


                         In light of the foregoing, we conclude that claim 40 is                                                              
                unpatentable under 35 U.S.C.  103.                                                                                           






                         6See page 1, lines 97-100, of Bolla.                                                                                 
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