Appeal No. 1998-3271
Application No. 08/563,156
Claim 21 requires that the aperture shape is rectangular.
Landis teaches that it is preferred but not essential that the
bores are cylindrical because a column extruded from a non-
cylindrical bore usually impinges on the moving web before
assuming a fully cylindrical configuration (col. 5, lines 18-24).
This teaching that a cylindrical bore is not essential would have
fairly suggested, to one of ordinary skill in the art, using a
common non-cylindrical shape such as rectangular. Hence, we
affirm the rejection of claims 21, 22, 25 and 28 under 35 U.S.C.
§ 103 over Landis.
REMAND
The application is remanded to the examiner to consider
rejecting claim 5 and the claims which depend directly or
indirectly therefrom, other than already-rejected claims 21, 22,
25 and 28, under 35 U.S.C. § 103 over Landis.6
DECISION
The rejections of claims 6, 20 and 32 under 35 U.S.C. § 112,
second paragraph, claims 5-30 and 32 under 35 U.S.C. § 112, first
paragraph, written description requirement, and claims 5-8, 18-20
6 The examiner particularly should consider claim 23 which requires that
the apertures are longitudinally aligned. This claim, which presently is not
rejected over Landis, depends from a claim which is rejected over that
reference.
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