Ex Parte NIEMEIER - Page 5




          Appeal No. 2001-2320                                                        
          Application 09/097,295                                                      


          4 in the final rejection) that each of Parsons and Steenstrup               
          responds to all of the limitations in independent claim 1 except            
          for the one requiring the groove in the first section limb to be            
          made by means of a microstructure-changing material deformation.            
          In this regard, Parsons does not indicate how the grooves are               
          made in its first section limb (the metal base member), and                 
          Steenstrup discloses that the grooves or slots 16 in its first              
          metal limb (strip of material 15) are made by cutting.                      
          Similarly, the examiner has determined that each of Parsons and             
          Steenstrup responds to all of the limitations in independent                
          claims 26 and 30 except for the one in claim 26 requiring the               
          groove in the first section limb to be made by means of a                   
          microstructure-changing, non-cutting material deformation and the           
          one in claim 30 requiring the groove in the first section limb to           
          be made by means of a ram-striking process.                                 


               The appellant’s contention (see, for example, pages 7 and 9            
          in the main brief and page 2 in the reply brief) that Parsons and           
          Steenstrup also lack response to the limitations in claims 1, 26            
          and 30 requiring the flow limit of the first section limb                   
          material to be exceeded is not well taken.  The examiner’s                  



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