Appeal No. 1998-1659
Application No. 08/486,635
that the lateral cross-sectional area for the second aperture
should be less than or equal to about 55 percent of the
lateral cross-sectional area of the first aperture. Since a
range of less than or equal to about 55 percent overlaps the
claimed range of less than 50 percent, the teachings of Lee
render the claimed range obvious. See In re Malagari, 499
F.2d 1297, 1302, 182 USPQ 549, 553 (CCPA 1974). Therefore,
our affirmation of the rejection of claim 8 over Buckley in
view of Lee and Ovshinsky is proper.
Accordingly, appellant's request has been granted to the
extent that our decision has been reconsidered, but such
request is denied with respect to making any modifications to
the decision.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
REHEARING
DENIED
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