Ex parte AUBERON et al. - Page 11




          Appeal No. 1999-0621                                                        
          Application 08/378,376                                                      



          777 F.2d 695, 697-98, 227 USPQ 964, 966 (Fed. Cir. 1985); In                
          re Brown, 459 F.2d 531, 535, 173 USPQ 685, 688 (CCPA 1972));                


               ii) the allowability of claim 32 in view of Ashton’s                   
          disclosure of filaments wound at angles of “from 45E to about               
          90E” (column 4, line 25), which disclosure appears to be at                 
          odds with the reasons for allowance set forth on page 3 in the              
          supplemental answer; and                                                    


               iii) the allowability of claims 28 and 29 in view of the               
          prior art of record, particularly Stephan’s disclosure (see                 
          Figure 4) of a monoblock connecting rod having transition                   
          portion walls of progressive thickness and end portion                      
          elements of constant thickness and Ashton’s disclosure (see                 
          column 4, lines 17 through 60) of monoblock connecting rod                  
          filament/fiber angles.                                                      
               In summary, since at least one of the examiner’s                       
          rejections of each of claims 23 through 27, 30 and 31 has been              
          sustained, the decision of the examiner to reject these claims              
          is affirmed.                                                                

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