Ex parte BERDING - Page 16




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

                  Appellants argue (Br14-15):                                                         
                  Kohso et al. do not teach regions of perpendicular                                  
                  flexibility that are spaced apart in both X and Y                                   
                  directions.  While the strips of Kohso et al. are spaced                            
                  apart in what may be termed the Y direction, no X                                   
                  direction spacing is apparent.  Moreover, no brace is                               
                  shown in that reference joining such regions of                                     
                  perpendicular flexibility that are spaced apart in both X                           
                  and Y directions.  The torsionally stiff brace defined in                           
                  claim 12 would have less ability to reduce longitudinal                             
                  torsional vibration of the beam, if it were not joined to                           
                  regions of perpendicular flexibility spaced apart in both                           
                  X and Y directions as shown in Kohso et al.                                         
                  The Examiner does not address these arguments.                                      
                  In the limitation of "said beam being flexible in a                                 
            plurality of sections that are spaced apart in said X and Y                               
            directions and joined by a brace extending in said Y                                      
            direction" we interpret "spaced apart in said X . . .                                     
            direction" to mean that a brace separates flexible sections                               
            along the X direction; e.g., laterally spaced strip 48 in                                 
            Appellants' figure 1 is divided into two sections spaced apart                            
            in the X direction by brace 53 and the laterally spaced strip                             
            160 in Appellants' figure 8 is divided into several sections                              
            spaced apart in the X direction by braces 166.  Kohso has a                               
            pair of strips spaced apart in the Y direction, but the strips                            
            are not spaced apart in the X direction because a brace would                             
            be required.  Thus, the Examiner erred in finding                                         
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