Ex parte SABATHIE - Page 11




          Appeal No. 2000-1332                                                        
          Application No. 08/793,242                                                  


            provide a particularly simple yet effective means of                      
            maintaining partition members accurately in position                      
            would have furnished the artisan with ample suggestion to                 
            employ such dimples to immobilize Yamaguchi's plugs and                   
            partitions.  The spatial relationship between Cribari's                   
            dimples and the tube openings associated therewith, as                    
            well as simple common sense, would have suggested                         
            locating such dimples with respect to Yamaguchi's tube                    
            openings as set forth in claim 11.  Hence, the lack of                    
            motivation arguments advanced by the appellant with                       
            respect to the proposed combination of Yamaguchi and                      
            Cribari as applied against claim 11 are not persuasive.                   


                                       SUMMARY                                        


                 The decision of the examiner to reject claims 2                      
            through 5, 7, 8, 10, 11 and 13 is affirmed with respect                   
            to claim 11 and reversed with respect to claims 2 through                 
            5, 7, 8, 10 and 13.                                                       
                 No time period for taking any subsequent action in                   
            connection with this appeal may be extended under 37 CFR                  
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