Ex parte CHATILLION et al. - Page 10




          Appeal No. 2001-0036                                                        
          Application 08/971,611                                                      


          the art to modify Challande by using PTFE as the anti-friction              
          material (at 20 of Challande) as suggested in Bernard (col. 1,              
          lines 29-31) and by using a curved sliding groove as shown in               
          Bernard (Fig. 2) in Challande, such modifications still would               
          not provide response for the teachings and suggestions we have              
          indicated above to be lacking in the basic reference to                     
          Challande.  Accordingly, the examiner’s rejection of dependent              
          claims 5, 13 through 15 and 17 under 35 U.S.C. § 103(a) as                  
          being unpatentable over Challande in view of Bernard will                   
          likewise not be sustained.                                                  


          As for the examiner’s rejection of claims 11 and 12 under                   
          35 U.S.C. § 103(a) as being unpatentable over Bogner (answer,               
          page 7), we agree with appellants’ arguments as set forth on                
          pages 8 and 9 of the brief and in the reply brief.  Again, the              
          examiner has relied upon appellants’ own teachings and                      
          resorted to impermissible hindsight to modify the laterally                 
          movable support arrangement seen in Figure 5 of the Bogner                  
          reference in ways that are not suggested or motivated by the                
          reference, and in a manner which modifies the operation of the              


                                          10                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007