Ex parte CARLSON et al. - Page 8




          Appeal No. 1998-1445                                       Page 8           
          Application No. 08/489,680                                                  


          show the cell structure of the appellants' dielectric.                      
          Specifically, "[t]he cited references fairly show the claimed               
          density and thickness but not the cell structure."  (Id.)                   


               Because the compressive stiffness of a dielectric                      
          material depends on its cell structure inter alia, and neither              
          Fox nor Wilkenloh show the cell structure of the appellants'                
          dielectric, we are unpersuaded the claimed compressive                      
          stiffness necessarily flows from the teachings of the applied               
          prior art.  Accordingly, we are further unpersuaded that                    
          teachings from the prior art would have suggested the                       
          limitations that "said dielectric material has ... a                        
          corresponding predetermined compressive stiffness of at least               
          1000 pounds per linear inch ...."  The examiner fails to                    
          establish a prima facie case of obviousness.  Therefore, we                 
          reverse the rejection of claims 9-11, 13-20, and 22-25 as                   
          obvious over Fox in view of Wilkenloh.                                      





                                     CONCLUSION                                       







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