Ex parte FUJIWARA et al. - Page 4




          Appeal No. 96-0632                                                          
          Application 08/131,376                                                      


          the comments made by the appellants; we add the following                   
          discussion for emphasis.                                                    
          The references applied against the claims include no                        
          discussion indicating that any of them recognized the problem               
          addressed by the appellants, the problem being the formation of a           
                                                           2                          
          gap between upper and lower shells of a cartridge .  Nor is there           
          any teaching in the references of the solution taught by                    
          appellants.  That solution is the providing of ribs which                   
          introduce distortion stresses into rear edge portions of the upper          
          and lower shells of a cartridge which tend to cause them to bow in          
          the direction of the opposing shell.                                        
          Although the prior art need not be modified for reasons                     
          taught by an applicant, no satisfactory motivation has been given           
          for making certain of the ribs of Iwamoto relatively thick with             
          respect to rear edge portions of the shells 2 and 3.  As to claims          
          1, 5 and 7, the examiner merely assumes that one of ordinary skill          
          in the art would have sought to make certain ribs of Iwamoto                
          thicker than the rear edge portions of the two shells, and argues           
          that one would have sought an optimized thickness for the ribs.             


          2   At page 3, lines 11-20, appellants acknowledge that the gap problem is disclosed in
          Japanese Utility Model Publications Nos. 60-180377 and 62-42172.            
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