Ex parte DOUCHE et al. - Page 6




          Appeal No. 1996-2972                                       Page 6           
          Application No. 07/928,784                                                  


          and 17)  is another matter.  Here, the examiner has advanced                
          an additional basis for asserting the lack of definiteness of               
          the latter claims based on the "a pressure" language appearing              
          in claim 3 (answer, page 3).  Our review of the briefs reveals              
          that appellants have not contested this latter basis for the                
          examiner's rejection under 35 U.S.C.  112, second paragraph.               
          Accordingly, on this record, while we do not sustain the                    
          examiner's  112, second paragraph rejection as it pertains to              
          claims 1, 6 and 16, we summarily sustain the examiner's                     
          uncontested  112, second paragraph rejection as it pertains                
          to claims 3-5, 13-15 and 17.                                                
                          Rejection under 35 U.S.C.  103                             
               The examiner essentially acknowledges (answer, pages 3-5)              
          that Huckvale (G.B. 2 039 463) does not disclose (1) a                      
          duplicate molding process with the application of a glazing to              
          the molds in auxiliary stations, and (2) moving the molds of                
          Huckvale  independently into and out of the pressing station                
          as required by all of the claims on appeal.  According to the               
          examiner, however, it would have been obvious to one of                     
          ordinary skill in the art to use the injection molding machine              
          of Huckvale for duplicate molding rather than for molding shoe              







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