Ex parte YANNY - Page 5




          Appeal No. 97-0928                                         Page 5           
          Application No. 08/353,190                                                  


               base, at 104 [sic, 105].  Further details of the preferred             
               interconnection between the soft elastomeric collar of FIG.            
               6 and the flange of the hard plastic base are shown in                 
               copending application Ser. No. 07/136,610, incorporated by             
               reference herein for those details of an overmolding between           
               the soft elastomer collar 102 and hard plastic base 105.               

               In our opinion, Figure 6 of Hasty does not clearly disclose            
          an upstanding dome portion having a solid flange.  In fact, it is           
          our determination that the schematic showing in Figure 6 of Hasty           
          would be insufficient for one skilled in the art to know if the             
          inwardly projecting flange at the top of the hard plastic base              
          105 was solid or not.  Thus, Hasty does not teach a "solid                  
          flange" as recited in all the claims under appeal.  Furthermore,            
          as correctly pointed out by the appellant, the flange of the hard           
          plastic base shown in copending application Ser. No. 07/136,610,            
          now U.S. Patent No. 4,864,782, incorporated by reference by                 
          Hasty, is not a "solid flange."                                             


               Since the claimed "solid flange" is not taught either                  
          explicitly or implicitly by the teachings of Hasty, we are                  
          constrained to reverse both the examiner's rejection of claims 1,           
          3 through 11, 14 and 17 through 21 under 35 U.S.C. § 102(b) as              
          being anticipated by Hasty and the examiner's rejection of claims           









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

Last modified: November 3, 2007