Ex parte MORAN - Page 5




          Appeal No. 98-1292                                                          
          Application No. 08/570,835                                                  

          claims.   As pointed out by the appellant, both of the                      
          independent claims before us require that each of the rings                 
          within the outer periphery abut six adjacent rings to form a                
          continuous pattern of rings.  The reason for this is to                     
          minimize the surface area that is not placed under vacuum                   
          (specification, page 8).  Such a relationship is not                        
          explicitly disclosed or taught, nor is it inherently present,               
          in any of the applied references.  Only Carne recognizes this               
          problem, but solves it in a different fashion, by utilizing                 
          several sizes of plenums.  Thus, the structure resulting from               
          the examiner’s combination of references does not establish a               
          prima facie case of obviousness with regard to the subject                  
          matter of the claims on appeal.                                             
               We also wish to note that in our view there exists no                  
          suggestion to combine the Meinel and Effner references in the               
          manner proposed by the examiner.  Even conceding, arguendo,                 
          that it would have been obvious to modify Gulden by covering                
          substantially the entire working surface with plenums having                
          outer sides comprising raised ridges and a bottom formed by                 
          the planar work surface, we fail to perceive any suggestion                 
          which would have led one of ordinary skill in the art to take               

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