Appeal No. 98-2118
Application No. 08/459,986
"[a]nalyses and experimental trials" also reveal that the
ratio of the first value of chord to the second value of chord
is "between 0.7 and 0.9." This being the case, we will
sustain the rejection of claims 4 and 5 under 35 U.S.C. § 103
as being unpatentable over Elvekjaer.
Considering last the rejection of Korta in view of
Elvekjaer under 35 U.S.C. § 103, the appellants on page 7 of
the brief state that they "do not wish to contest the
Examiner's assertion regarding the obvious of the above stated
substitution." Instead, the appellants simply reiterate the
arguments concerning the claimed chord configuration that we
have already considered above with respect to the § 102(b)
rejection. Accordingly, we will sustain the rejection of
claim 7 under 35 U.S.C. § 103 based on the combined teachings
of Korta and Elvekjaer.
The examiner's rejections of claims 1-3, 6, 8 and 9 under
35 U.S.C. § 102(b) and claims 4, 5 and 7 under 35 U.S.C. § 103
are affirmed.
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