Ex parte HERR et al. - Page 9




          Appeal No. 97-3199                                                          
          Application No. 08/273,767                                                  


          claimed, predicated upon the area of openings (apertures) and               
          total guide area would have simply involved the discovery of                
          optimum values for a result effective variable by one having                
          ordinary skill in this art. See In re Boesch, 617 F.2d 272,                 
          205 USPQ 215, 219 (CCPA 1980).                                              
               Contrary to the argued position of appellants (main                    
          brief, page 13), we concluded, supra, that the determination                
          of obstruction ratios, as set forth in each of claims 2 and 3,              
          would have been an obvious matter for one having ordinary                   
          skill in the art when appellants’ invention was made.                       


                 The anticipation rejection of claims 1, 4, 6, and 8                  
               We affirm the rejection of claim 1 under 35 U.S.C. §                   
          102(b)                                                                      




          based upon the Gilles document, with the rejection of claims                
          4, 6, and 8 likewise being affirmed since they stand or fall                
          with claim 1.                                                               
               At the outset, it is important to recognize that claim 1               
          requires, inter alia, a guide “configuration”, with the                     
                                          9                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007