Ex parte BERDING - Page 5




            Appeal No. 1999-2399                                                                      
            Application 08/705,798                                                                    

            No. 16) (pages referred to as "EA__") for a statement of the                              
            Examiner's position, and to the brief (Paper No. 15) (pages                               
            referred to as "Br__") for a statement of Appellants'                                     
            arguments thereagainst.                                                                   
                                              OPINION                                                 
            35 U.S.C. § 102(b) over Kikuchi                                                           
                  Claims 1, 2, 7-9, and 11                                                            
                  Appellants argue that elements 12a in Kikuchi are "low                              
            rigidity parts" and cannot be characterized as "torsionally                               
            stiff braces" as found by the Examiner.  It is argued that                                
            "claim 1 not only defines a torsionally stiff brace, but that                             
            the beam that the torsionally stiff brace is attached to has                              
            'a preferentially increased torsional stiffness about a                                   
            longitudinal axis of the beam compared to a bending stiffness                             
            in the perpendicular direction'" (Br6).  It is argued that                                
            torsional motion will cause one end of low rigidity                                       
            section 12a to open slightly and the other end of 12a to close                            
            slightly; thus, Kikuchi actually has a reduced torsional                                  
            stiffness due to sections 12a (Br6-7).  It is argued that                                 
            while lateral bending of the low rigidity part 12a is                                     
            difficult, twisting about a long axis is not, and the parts                               

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