Ex parte KUWAHARA et al. - Page 7




          Appeal No. 1997-2567                                                        
          Application 08/390,029                                                      


          argument is not well taken.                                                 
               For the above reasons we conclude, based upon the                      
          preponderance of the evidence, that the invention recited in                
          claim 4 would have been obvious to one of ordinary skill in                 
          the art within the meaning of 35 U.S.C. § 103.                              
                           Rejection of claims 5, 7 and 10                            
               Claim 5 requires that the cross section of at least one                
          imbibing opening is different from that of the other openings.              
          Claim 7 requires means for stopping up at least one of the                  
          imbibing openings, and claim 10 recites that the stopping-up                
          means is a bolt.                                                            
               For a disclosure of the above elements required by claims              
          5, 7 and 10, the examiner relies upon Hahn.  This reference                 
          discloses a method and apparatus for extrusion of multiple                  
          layer sheeting, wherein conduits through which resin flows to               
          form the layers can be partially or completely blocked by                   
          screws (col. 5, lines 14-20; col. 6, lines 38-45; figures 4-                
          6).  The examiner argues that “[i]t would have been obvious                 
          for an artisan at the time of the invention, to provide the                 
          imbibing openings of the piston/cylinder material feeding                   


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