Ex parte TSUTSUMI - Page 6




          Appeal No. 1998-0316                                                        
          Application No. 08/355,646                                                  


          The examiner takes the position that the claimed time range                 
          would have been obvious as such ranges "comply with further                 
          injection of the resin prior to complete solidification"                    
          (answer, page 4), while appellant contends that such time is                
          not suggested by the prior art or recognized as a result-                   
          effective variable, such that it would have been obvious to                 
          optimize it, citing In re Antonie, 559 F.2d 618, 621, 195 USPQ              
          6, 9 (CCPA 1977) (reply brief, pages 4 to 6).                               
               In the process disclosed by Ohasi, the plunger (pin) must              
          be projected into the cavity after the cavity and space below               
          the plunger are completely filled with plastic (resin), but                 
          before the plastic is cooled, so that the formation of voids                
          is prevented (col. 3, lines 11 to 24 and 31 to 35).  It                     
          therefore would have been evident to one of ordinary skill                  
          that the time at which the plunger of Ohasi is projected after              
          the plastic has been injected into the mold is crucial, so                  
          that any voids will be filled before the plastic solidifies,                
          i.e., that the elapsed time between plastic injection and                   
          projection of the plunger is a result-effective variable.                   
          That being the case, it would have been obvious to experiment               
          to obtain the optimum range for such time.  Cf. In re Huang,                
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