Ex parte EIPPER et al. - Page 6




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


               teaches a hot rolling process for forming tapered plates; Hitachi Cable teaches making metal sheets                    

               having a stepped profile by extrusion and then further working the stepped sheets by a rolling process                 

               using a profiled roller; Todd teaches forming multiple extruded sections from a single integral billet,                

               which sections may be separated from the billet and transformed by a flattening operation to produce a                 

               part like that seen in Figure 15 of the patent. From our perspective, none of these references, nor any                

               combination thereof, is even remotely suggestive of the process set forth in appellants’ claim 4 on                    

               appeal.  It is again our view that the examiner has impermissibly used appellants’ own disclosure as a                 

               blueprint to piece together unrelated aspects of the processes described in the applied prior art                      

               references so as to arrive at the claimed subject matter.  This the examiner may not do.  Thus, the                    

               examiner’s rejection of claims 4, 8 and 9 under 35 U.S.C. § 103(a) will not be sustained.                              


















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