Ex parte BERDING - Page 8




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

            flexibility with laterally opposed sections of said region                                
            being attached to a torsionally stiff brace . . ., with said                              
            brace longitudinally dividing said region of perpendicular                                
            flexibility" because the low rigidity sections 12a in Kikuchi                             
            are connected to high rigidity sections, thus teaching away                               
            from a brace that joins flexible sections (Br8).                                          
                  The Examiner finds that beam 12 defines a laterally                                 
            extensive region of perpendicular flexibility with laterally                              
            opposed sections being attached to torsionally stiff braces                               
            12a (FR2; EA4) and (EA9):  "The region of perpendicular                                   
            flexibility is the regions of beam 12 not encompassed by                                  
            braces 12a."                                                                              
                  We are not persuaded by the Examiner's reasoning.  The                              
            embodiment of figure 9 is expected to have the same action and                            
            effect as the embodiment of figure 5.  Elements 12a are low                               
            rigidity sections and the flat plate sections of supporting                               
            plate 12 are high rigidity sections.  The high rigidity flat                              
            plate sections of 12 do not bend and, therefore, are not a                                
            "laterally extensive region of perpendicular flexibility," as                             
            found by the Examiner.  Low rigidity section 12a allows the                               
            plate 12 to readily bend in a perpendicular direction and is                              

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