Ex parte SHIMIZU et al. - Page 9




          Appeal No. 1999-1530                                       Page 9           
          Application No. 08/728,607                                                  


               We sustain the rejection of claim 11 under 35 U.S.C. §                 
          103.                                                                        


               Claim 11 adds to parent claim 1 the further limitation                 
          that the cover includes "means for maintaining a shape of said              
          groove."                                                                    


               The appellants argue (brief, p. 9) that while Tsuzuki                  
          appears to show a seal groove, Tsuzuki does not teach or                    
          suggest a reinforcing member.  We find this argument to be                  
          unpersuasive since it is not commensurate in scope to claim                 
          11.  In that regard, claim 11 does not recite "a reinforcing                
          member."  Rather claim 11 recites "means for maintaining a                  
          shape of said groove" which the examiner has determined                     
          (answer, pp. 5-6) is met by the combined teachings of the                   
          applied prior art.  Since the appellants have not presented                 
          any other argument with respect to claim 11, the decision of                
          the examiner to reject claim 11 under 35 U.S.C. § 103 is                    
          affirmed.                                                                   


          Claims 2, 3, 8, 9, 12-19 and 21                                             







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