Ex parte SCHREPFER et al. - Page 5




               Appeal No. 1999-1824                                                                                              
               Application No. 08/513,835                                                                                        


               rupture groove 14 adjacent the transition or edge area between the bulging upper end wall 5                       
               and the cylindrical side wall 1, since, according to Zinkann, this edge area is subjected, when                   
               pressurized, to the greatest transverse strain (translation, page 4).  From our perspective, one of               
               ordinary skill in the art would not consider the rupture groove of Figures 6-9 of Zinkann,                        
               which is located on the upper end wall 5 as remotely as possible from the central bulge (barrel                   
               sump) portion, to be "adjacent" (in the immediate vicinity of) the central bulge portion as                       
               required by claim 9 on appeal.                                                                                    
                      As conceded by the examiner on page 5 of the answer, Mozley provides no teaching or                        
               suggestion to modify the location of the Zinkann notch and, thus, does not cure the deficiency                    
               of the Zinkann reference noted above.  Therefore, we shall not sustain the examiner's rejection                   
               of claim 9, or claims 10, 11 and 13 which depend therefrom, as being unpatentable over                            
               Zinkann in view of Mozley.                                                                                        















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