Ex parte BERDING - Page 11




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

            defined by applicants' specification" (FR8).  The Examiner                                
            further states that "not unlike appellants['] claimed and                                 
            disclosed invention, Aoyanagi torsionally supports the                                    
            flexible spring 2a by way of reinforcement plates or                                      
            torsionally stiff braces to enable a vibration-proof property                             
            of spring 2a" (EA9-10).                                                                   
                  Appellants argue that a void has no solid matter, and                               
            thus cannot have flexibility (Br11).  It is argued that the                               
            opening can increase the perpendicular flexibility of a hinge                             
            region, such as 66 in figure 3, but would not create a                                    
            perpendicularly flexible region if formed in the area between                             
            vertical flanges 40 and 42 in figure 1 (Br11).  It is argued                              
            that because of the reinforcement plate 4, "Aoyanagi does not                             
            have a laterally extensive region of perpendicular flexibility                            
            divided by a brace as defined in claim 1" (Br12).                                         
                  We agree with Appellants' arguments and find the                                    
            Examiner's findings and reasons unpersuasive.  Aoyanagi                                   
            teaches a "press bending part (9) of said press spring (2a)"                              
            (translation, p. 3), which we find is "said beam defining a                               
            laterally extensive region of perpendicular flexibility."  The                            
            "[r]einforcement plate (4) . . . is provided at the areas                                 

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