Ex parte BERDING - Page 10




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

                  The Examiner does not address this argument.                                        
                  Kikuchi clearly does not disclose a "plurality of                                   
            sections that are spaced apart" in a Y direction like the                                 
            spaced apart strips 48 and 50 spaced apart by opening 46 in                               
            Appellants' figure 1, much less sections spaced apart in a Y                              
            direction joined by a brace.  Accordingly, the Examiner erred                             
            in finding claim 12 to be anticipated.  The anticipation                                  
            rejection of claims 12, 13, and 18 over Kikuchi is reversed.                              

            35 U.S.C. § 102(b) over Aoyanagi                                                          
                  Claims 1, 2, 5, 7, 9, and 10                                                        
                  The Examiner finds that "Figure 1 [of Aoyanagi] also                                
            shows beam 2a defining a laterally extensive region of                                    
            perpendicular flexibility with laterally opposed sections of                              
            the extensive region being attached to torsionally stiff                                  
            brace(s) 4 . . . which longitudinally divide the region of                                
            perpendicular flexibility" (FR3; EA5).  The Examiner states                               
            that "[i]t is a curious situation as to why applicants state                              
            that the opening (void) of Aoyanagi is not a laterally                                    
            extensive region of perpendicular flexibility when figure 1 of                            
            the instant application shows opening 46 which defines the                                
            laterally extensive region of perpendicular flexibility as                                
                                               - 10 -                                                 





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