Ex Parte D'ADDARIO et al - Page 10




          Appeal No. 2001-1527                                                         
          Application No. 08/753,265                                                   


          53 USPQ2d 1580, 1586-87 (Fed. Cir. 2000) (citations and footnote             
          omitted).                                                                    
               With regard to claims 1 through 5, we have found that                   
          Donohoe teaches that the outer annular region of a drum head                 
          membranes may be formed by applying heat and pressure to the                 
          membrane.  Specifically, Donohoe states that “drum head                      
          membrane 11 is made from a circular disk that has an outer                   
          annular region thereof formed by the simultaneous application of             
          heat and pressure (thermo-forming) into a curved transverse cross            
          section.”  (Donohoe at col. 5, ll. 48–52.)  We do not find in                
          this statement any teaching that the drum head membrane as a                 
          whole is thermoformed.  Moreover, the examiner has not directed              
          our attention to such a teaching in the art relied on as evidence            
          of obviousness.  Although we disagree with the examiner’s                    
          statement that Donohoe does not teach the use of a mold, we agree            
          with the examiner that Donohoe does not teach a mold having                  
          peripheral and center sections.  The mold used to thermoform the             
          outer annular section of Donohoe’s drum head membranes might                 
          itself have an annular cross section:  it need not also mold the             
          center section of the membrane, and hence there need not be a                
          section of the mold that is reasonably characterized as the                  
          “center section.”  Accordingly, we find that substantial evidence            

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