Ex parte ITO et al. - Page 5




          Appeal No. 2000-1469                                                        
          Application 08/808,789                                                      


          substantially constant sum of the maximum curvature Dmax and                
          the minimum curvature Dmin at all points on a surface of the                
          intermediate portion 21" (column 3, lines 28 through 32).                   
               In proposing to combine Haraga and Mori to reject claims               
          20 and 21, the examiner concludes that it would have been                   
          obvious “to utilize two-dimensional and three-dimensional                   
          curvatures as taught by Mori et al. on the panel of Haraga et               
          al. because the curvatures would enhance the stiffness of the               
          panel” (final rejection, page 3).                                           
               As persuasively argued by the appellants, however, there               
          is nothing in the combined teachings of Haraga and Mori which               
          would have suggested this particular modification.  To begin                
          with, neither reference gives any indication that the Haraga                
          panel is in need of additional stiffening.  Moreover, the flat              
          or planar configuration of the Haraga panel is entirely                     
          consistent with its intended use in the wall or door of an                  
          elevator, while the two-dimensional or three-dimensional                    
          curvature proposed by the examiner would seem to be at odds                 
          with such use.  The mere fact that prior art could be modified              
          in the manner proposed by an examiner does not make the                     
          modification obvious unless the prior art would have suggested              

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