Appeal No. 98-1922 Page 13 Application No. 08/253,721 Claim 9 reads as follows: The slide according to Claim 16 in which the thickness of the compressible material is a minimum of ½ inch thick. The examiner determined (answer, p. 5) that it would have been obvious to make Maeda's synthetic rubber top-surface component 5 of a closed foam construction, which is an extremely common inexpensive compressible material, and relatively hard, in order to avoid abrasion during use. The examiner also determined (answer, pp. 4 and 5) that, the hardness as well as the thickness of Maeda's synthetic rubber top-surface component 5 were obvious matters of design choice. The appellants argue (brief, pp. 8-9) that Maeda does not teach or suggest the claimed limitations and that the examiner has not provided any support as to why the claimed limitations would have been obvious matters of design choice.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 3, 2007