Appeal No. 96-3968
Application No. 08/117,669
forth above, we agree with the examiner that the size of the gap
between the spaced plates of Gergely is a result effective
variable. Accordingly, it would have been further obvious to one
having ordinary skill in the art to space the spaced plates of
Gergely apart by about 0.007 inches.
CONCLUSION
To summarize, the decision of the examiner to reject claim 1
under 35 U.S.C. § 102(b) as being anticipated by Nakamura is
reversed; the decision of the examiner to reject claims 2 through
8, 10 through 14, 18 and 19 under 35 U.S.C. § 103 as being
unpatentable over Nakamura, alone or in combination with Jones
and/or Hageman is reversed; the decision of the examiner to
reject claims 15 through 17 and 21 under 35 U.S.C. § 103 as being
unpatentable over Nakamura, alone or in combination with Hageman
is affirmed; the decision of the examiner to reject claim 20
under 35 U.S.C. § 103 as being unpatentable over Nakamura in view
of Jones is reversed; the decision of the examiner to reject
claims 1, 2, 9, 22, 24 and 26 under 35 U.S.C. § 103 as being
unpatentable over Gergely in view of Hageman is affirmed; the
decision of the examiner to reject claims 23 and 25 under 35
U.S.C. § 103 as being unpatentable over Gergely in view of
12
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: November 3, 2007