Appeal No. 1997-1314
Application No. 08/300,684
design choice within the skill of the art. In re Kuhle, 526
F.2d 553, 555, 188 USPQ 7, 9 (CCPA 1975). Determining the
optimal values of result effective variables would have been
obvious and ordinarily within the skill of the art. In re
Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Fukuzawa
teaches the use of ribs to “impart rigidity to the metallic
support member” (column 5, lines 45 and 46), just as
Appellants employ “strengthening ribs” (specification, page 7,
line 12). Since Fukuzawa supplies no indication as to the
dimensions of the ribs, one of ordinary skill in the art would
necessarily explore various design alternatives, as did
Appellants (Appellants’ graphs in Figures 6 and 7). Thus, we
find the dimensions recited in claims 5, 6, 11 and 12 to be
obvious over the teachings of Fukuzawa, and are derived from
the optimization of result effective variables. Accordingly,
we will sustain the Examiner’s 35 U.S.C. § 103 rejection of
claims 5, 6, 11 and 12.
In view of the foregoing, the decision of the
Examiner rejecting claims 7 and 10 under 35 U.S.C. § 102(b)
and claims 1, 4 through 6, 11, and 12 under 35 U.S.C. § 103 is
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