Ex parte EIPPER et al. - Page 2




                     Appeal No. 1998-0682                                                                                                                                              
                     Application 08/724,306                                                                                                                                            


                                Appellants’ invention relates to a method of producing metal sheets having a stepped cross-                                                            

                     section and different wall thicknesses from a hollow tubular profile (claim 4), and to a method of using                                                          

                     extruded profiles producible from a hollow profile (claim 1).  Independent claims 1 and 4 are                                                                     

                     representative of the subject matter on appeal and a copy of those claims can be found in the Appendix                                                            

                     to appellants’ brief.                                                                                                                                             


                                The prior art references relied upon by the examiner in rejecting the appealed claims are:                                                             
                     Todd                                                                       2,798,604                        July    9, 1957                                       
                     Kennedy et al. (Kennedy)                                                   3,540,117                        Nov. 17, 1970                                         
                     Otani et al.    2                          55-88942                                              July    5, 1980                                                  

                                Claim 1 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over Kennedy in view                                                            

                     of Hitachi Cable, while claims 4, 8 and 9 stand rejected under 35 U.S.C. § 103(a) as being                                                                        

                     unpatentable over Kennedy in view of Hitachi Cable and Todd.                                                                                                      










                                2A translation of this Japanese language document prepared by the U.S. Patent and                                                                      
                     Trademark Office is attached to this decision. In the examiner’s answer the examiner has referred to                                                              
                     this document by the name of the assignee “Hitachi Cable.” In the interest of clarity, we will continue to                                                        
                     refer to this document as Hitachi Cable.                                                                                                                          
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