Appeal No. 1996-3738
Application No. 08/004,254
42, 44 to 48 and 52 will likewise not be sustained.
Next considering claims 53 and 54, each of these claims
requires, inter alia, injecting elastomeric material into the
mold cavity "through an annular, tapered, knife edge-shaped
orifice." As we understand the examiner's position, it is
that it would have been obvious to modify the process of
Tsuchiya (modified in view of the Handbook) by providing a
knife edge orifice at the gate in view of the knife edge 17 or
57 disclosed by Scott.
We will not sustain this rejection. "Under section 103,
teachings of references can be combined only if there is some
suggestion or incentive to do so." ACS Hospital Systems, Inc.
v. Montefiore Hospital, 732 F.2d 1572, 1577, 221 USPQ 929, 933
(Fed. Cir. 1984). Here, Scott's disclosure of a knife edge
orifice would not suggest the use of such an orifice in the
gate of an injection mold, because Scott's orifice is located
not where material is being injected into a mold, but rather
where it is flowing in the other direction, namely, out of
mold cavity 8 or 48 and into overflow cavity 9 or 49.
Moreover, the disclosed purpose of Scott's knife edge orifice
("pinch bead") 17 or 57 is to hold the reinforcing fabric 16
6
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