Appeal No. 1998-3016
Application No. 08/568,344
being unpatentable under 35 U.S.C. § 103 over Briggs taken in
view of the general state of the art is also reversed.
We will not sustain the examiner's 35 U.S.C. § 103
rejection of claims 1, 2, 5 through 13 and 15 as being
unpatentable over Thurman taken in view of the general state
of the art.
With regard to the examiner's rejection of claim 1 as
being unpatentable over Thurman taken in view of the general
state of the art, we again note that the examiner relies on
the nebulous "general state of the art" for the teaching of
the structure of the claimed base member or base members. The
general state of the art is not relied on for teaching a
flange consisting of metal sheet coated with rubber as
required by claim 1 and, as discussed above, this feature is
not disclosed by Thurman. Accordingly, the examiner's
rejection with regard to claim 1 as being unpatentable over
Thurman taken in view of the general state of the art, will
not be sustained because, in our view, the combined teachings
of Thurman and the general state of the art fail to disclose
or suggest a flange consisting of metal sheet coated with
rubber as required by claim 1.
13
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: November 3, 2007