Ex parte YOSHIDA - Page 6




          Appeal No. 1997-0061                                                        
          Application 08/246,140                                                      

          shape factor equation ignores the specific shape of the                     
          spring.  For example the length of the spring welded to the                 
          spring holder 6 in figure 1 makes a difference in the amount                
          of deformation; a spring in which 1/3 of the length is                      
          welded to the spring holder will deform more at the free end                
          (where H is measured) than a spring in which 1/2 of the                     
          length is welded to the spring holder.  Yet the equation for                
          K makes both springs equal if they have the same length.                    
          Nevertheless, since the claims do not recite advantages                     
          linked to the shape factor, we view the claims as merely                    
          reciting a spring satisfying a particular relationship.                     


          Obviousness                                                                 
               Due to a mathematical error, the Examiner has failed to                
          show that the spring in Shrader inherently has a shape                      
                                                  3            3                     
          factor K in the claimed range from 10 mm /kg to 100 mm /kg.                 
          The equation for K is as follows:3                                          


                         K = t · B  · H/W/L2                                                   


               3                                               2                   
            The equation in Appellants' figure 5 should have B                        
          instead of B.                                                               
                                        - 6 -                                         





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