Ex parte DUESTERHOEFT et al. - Page 11




          Appeal No. 1997-3403                                                       
          Application No. 08/032,889                                                 


          resilient member 88 may be considered to have a pair of                    
          opposed resilient strips.  Finger-like members 46 of Rodrigues             
          would have been provided to strips 88 of Smith to provide                  
          opposed resilient strips.  We agree with the Examiner that                 
          even though Rodrigues does not show a second pair of opposed               
          resilient strips, it would have been obvious for an artisan to             
          add additional resilient strips since Rodrigues contemplates               
          this at col. 3, lines 33 to 34.  Thus, we sustain the                      
          obviousness rejection of claim 2 and its grouped claims 6 and              
          10.                                                                        
               Claims 3, 4, 7, 8, 11 and 12                                          
               With respect to this group of claims, Appellants argue                
          that the references do not suggest a latching recess.                      
          However, we note that none of the claims 3, 7 and 11 contains              
          the latching feature.  Thus, Appellants’ arguments are not                 
          applicable to claims 3, 7 and 11.                                          
               Moreover, with respect to the representative claim 3,                 
          Rodrigues does show a slot, defined by member 34 which fits a              
          corresponding wall section of enclosure 10.  Thus, we sustain              
          the obviousness rejection of claim 3 and its grouped claims 7              
          and 11.                                                                    
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