Appeal No. 2000-0655 Page 9
Application No. 08/522,017
sustained. Our position with regard to each should be apparent from the explanations
provided above. In addition, with regard to the argument that the localized flat portions
shown by Berry in Figure 11 would make the insert difficult to insert and would not provide
the centering feature (Brief, page 4), we point out that the dimensions of the Berry fins are
essentially the same as those disclosed in the appellants’ invention, which gives rise to the
presumption that they would be no less operable than those of the claimed invention.
SUMMARY
The rejection of claim 11 under 35 U.S.C. § 103(a) as being unpatentable over
Bartholomew in view of Berry is not sustained.
The rejection of claims 11 and 13-15 under 35 U.S.C. § 103(a) as being
unpatentable over Rea in view of Berry is sustained.
A rejection of each of the claims having been sustained, the decision of the
examiner is affirmed.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
AFFIRMED
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