Appeal No. 1998-0296
Application 08/431,312
difference between the maximum and the minimum thickness is
twice a maximum expected deformation of the package during the
molding step" (emphasis added). Firstly, we find that this
claim limitation is not a "product-by-process" step as
asserted by the Examiner. This step defines physical form
aspects of structure of the plastic package by limiting the
difference between the maximum and minimum thicknesses to
twice the maximum expected deformation.
Furthermore, we find the Examiner's contention that
Kitamura discloses the claimed difference "as much as
Applicant does" to be without factual basis. This limitation
is supported by Appellants' specification, pages 15 and 16,
and figure 7. This limitation was also present in originally
filed claim 22. Kitamura makes no disclosure of this
limitation.
Finally, the Examiner's finding that one skilled in the
art would recognize that the molding process may be formed to
provide the claimed difference in thicknesses, is not a viable
basis to find the plastic body so formed to be obvious over
Kitamura.
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