Appeal No. 1999-1835
Application No. 08/654,976
combining the references does not have to be the same as that of
the appellants.
The appellants argue that "the calfs 5 extend all of the
way across the blocks 4 at varying depths creates the
presumption that this structure is necessary to provide proper
drainage for the tread of JP 917." (Appeal brief, page 32.)
However, we find that the examiner has adequately addressed this
issue in the examiner's answer. (Pages 20-22.)
Summary
In summary, our judgment in this appeal is as follows:
I. the rejection under 35 U.S.C. § 102(b) of claim 8 as
anticipated by Yamaguchi is affirmed;
II. the rejection under 35 U.S.C. § 103(a) of claim 8 as
unpatentable over the combined teachings of Yamaguchi and JP
'723 is affirmed;
III. the rejection under 35 U.S.C. § 103(a) of claims 5
through 7 as unpatentable over the combined teachings of
Yamaguchi and Benson is reversed;
IV. the rejection under 35 U.S.C. § 103(a) of claim 10 as
unpatentable over the combined teachings of Yamaguchi, Benson,
and JP '723 is reversed;
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