Ex parte KOLADA et al. - Page 8




                 Appeal No. 2000-0321                                                                                     Page 8                        
                 Application No. 08/834,578                                                                                                             


                 modifications would not have arrived at the claimed                                                                                    
                 invention.1                                                                                                                            


                          We have reviewed the references to Arrowsmith '306,                                                                           
                 Arrowsmith '523, Lobel, Meyer and Gilkerson but find nothing                                                                           
                 therein which would have suggested modifying Rigandi to arrive                                                                         
                 at the claimed invention.                                                                                                              


                          For the reasons set forth above, the  decision of the                                                                         
                 examiner to reject claims 1, 2, 4-9, 13, 15 and 16 under 35                                                                            
                 U.S.C. § 103 is reversed.                                                                                                              


                 New ground of rejection                                                                                                                
                          Under the provisions of 37 CFR § 1.196(b), we enter the                                                                       
                 following new ground of rejection.                                                                                                     


                          Claims 1, 2, 4-9, 13, 15 and 16 are rejected under 35                                                                         
                 U.S.C. § 112, first paragraph, as containing subject matter                                                                            

                          1The examiner never determined that any of the applied                                                                        
                 prior art would have made it obvious at the time the invention                                                                         
                 was made to a person having ordinary skill in the art to have                                                                          
                 made Rigandi's rigid member 80 resilient.                                                                                              







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