Appeal No. 1997-1314
Application No. 08/300,684
30 lying in a plane, which as depicted, appears to be
coincident with the plane of the paper it appears on. With
this perspective in mind, we view elements 31c (apertured
portion) and 31d (body portion) as lying in one plane which is
perpendicular to the paper, and running vertically from top to
bottom of the paper. In other words, the left rib 31e,
although bent in an L shape, lyes in one plane, the same one
plane as described for 31c and 31d lying therein. Note that
rib 31e is attached to both apertured portion 31c and body
portion 31d. Thus, we find Fukuzawa meets the language of
claims 1 and 4 and we will sustain the 35 U.S.C. § 103
rejection of these claims. We note that APA is considered as
merely cumulative. Lack of novelty is the ultimate of
obviousness. See In re Fracalossi, 681 F.2d 792, 794, 215
USPQ 569, 571 (CCPA 1982).
With respect to claims 3 and 9, Appellants argue
that the references do not teach or suggest the ribs extending
partially into the base portion of the spring. (Brief-page
8
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