Appeal No. 1998-1610
Application No. 08/551,319
Rather, Spann shows in each of the figures which depict a void
extending from the top to the bottom of the pad, namely,
Figures 1-3, 9-11 and 18, that the void sides are not
perpendicular to the top of the pad throughout their length.
The examiner has not explained why it would have been obvious
to one of ordinary skill in the art to modify the pad
disclosed by Spann to provide void sides perpendicular to the
top of the pad throughout their length. Furthermore, Spann
teaches that the V-shaped notches 13 between projections A
which are formed by the tapering connecting portions D afford
the independent movement for the upstanding projections A
sought by Spann (col. 4, lines 43-49 and col. 5, lines 53-63).
Thus, Spann actually teaches away from forming the sides of
the voids perpendicular to the top throughout their length,
since such a modification would result in the elimination
of the V-shaped notches 13 and the independent movement for
the upstanding projections A which are critical to Spann.
We also agree with appellant's argument (main brief,
pages 10 and 11) that because Spann's projections A must
compress in
12
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