Appeal No. 97-1835
Application 08/178,068
deforming plastically after the elastic limit is reached, and
it is improper to refer to the stiffness or Young's modulus
after the yield point of the material has been reached.
Therefore, even if it were proper for us to consider
the uncited references as extrinsic evidence bearing on the
inherency issue, the uncited references provide no evidence
that the properties claimed in claim 1 are inherent in any of
the four cited references.
With respect to claims 7, 13 and 14 rejected under
35 U.S.C. § 103, the combinations of references in the
rejections
of the examiner do not establish a prima facie case of
obviousness. For the same reasons given above, the subject
matter of these claims has not been shown to have been
unpatentable by the examiner.
SUMMARY
The rejection of all claims on appeal is reversed.
REVERSED
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