Ex parte HERST - Page 7




          Appeal No. 1998-2376                                       Page 7           
          Application No. 08/400,325                                                  


          436 F.Supp. 704, 726, 195 USPQ 487, 506 (D. Del. 1977);                     
          In re Fessman, 489 F.2d 742, 180 USPQ 324 (CCPA 1974)).                     


               The examiner fails to show that the product in claims 1-6              
          is the same as or obvious from a product of the prior art.                  
          The claims specify in pertinent part the following                          
          limitations: "sidewall portion, central housing structure and               
          baffle plate being a unitary part fabricated from a single                  
          extrusion."                                                                 


               The examiner admits that Lipscomb's side angle plate,                  
          integral center panel, and cellular lattice are not                         
          "extruded."  (Examiner's Answer at 4.)  To the contrary, the                
          parts are "molded plastics to produce a unitary structure                   
          ...."  Col. 3, ll. 2-3.                                                     


               Although Griffin teaches a "housing 11 ... constructed of              
          extruded aluminum," col. 3, ll. 41-42, the housing does not                 
          comprise a central housing structure or a baffle plate.  To                 
          the contrary, the "extruded housing 11 [is] formed with a back              









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