Ex parte RICH - Page 10




          Appeal No. 1999-1751                                      Page 10           
          Application No. 08/814,299                                                  


          structure 5 since structure 5 extends radially in all                       
          directions from its midpoint.  Thus, Laverriere's foam 3 does               
          overly a radially-oriented surface as set forth in claim 30.                


               Since all the limitations of claim 30 are found in                     
          Laverriere, the decision of the examiner to reject claim 30                 
          under 35 U.S.C. § 102(b) is affirmed.                                       


          The obviousness issue                                                       
               We will not sustain the rejection of claims 3 and 4 under              
          35 U.S.C. § 103.                                                            


               We have reviewed the reference to Claeskens additionally               
          applied in the rejection of claims 3 and 4 (dependent on claim              
          2) but find nothing therein which makes up for the                          
          deficiencies of Hawkswell discussed above regarding claims 1                
          and 2.  Accordingly, we cannot sustain the examiner's                       
          rejection of appealed claims 3 and 4 under 35 U.S.C. § 103.                 


                                     CONCLUSION                                       









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