Appeal No. 1999-0082
Application No. 08/655,022
fashion results in there being no inner flat faces present at
all, and the rejection fails on this ground. Second, the
examiner’s position here apparently is that, notwithstanding
Ohmi’s description of what constitutes the “projections,”
elements 33 and 34 comprise “projections” formed by the curved
portions of elements 33 and 34 (the upper portions, as shown),
which are spaced from the channels by inner flat faces (the
lowermost portions, as shown). This thesis is not supported
by the specification or evident from the drawings, and
therefore in our opinion must be dismissed as mere
speculation. Finally, it is our opinion that the elements
designated by Ohmi as “projections” are not, in fact,
“projections” when considered in the light of the common
definition of the term and the understanding gained from the
appellants’ disclosure and claims, but more accurately would
be defined as corners.
In any event, the combined teachings of the two
references fail to establish a prima facie case of obviousness
with regard to the subject matter recited in claim 9. This
being the case, we will not sustain the rejection.
The decision of the examiner is reversed.
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