Appeal No. 1998-0784 Page 3
Application No. 07/949,567
wherein said reinforcing rails exhibit a height smaller than said planar support body
resulting in a projection of the finished product past the top and bottom sides of the reinforcing
rails.
The prior art references of record relied upon by the Examiner in rejecting the appealed
claims are:
Japanese 63-19234 January 27, 1988
“Recycling Mixed Plastics: New Markets” Society of Plastics Industry, Inc.,
Washington, D.C. pp.1-8, 1990
Claims 1, 4-9, 14, 16-18 and 24 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Applicant’s Admission of Prior Art in view of Matsuo and the Recycling
Article. See the Office Action mailed October 19, 1994, Paper No. 12, for details of the
rejection. We reverse for the reasons cogently presented by Appellant and add the following for
emphasis.
OPINION
Claim 1 is the only independent claim. This claim is directed to a base plate comprising a
planar support body and reinforcing rails. Two requirements are made of the reinforcing rails:
(1) they must be located at longitudinal edges of the planar support body and (2) they must
exhibit a height smaller than the height of the planar support body. We agree with Appellant that
the Examiner has not established a factual basis supporting a conclusion that base plates with
such reinforcing rails would have been obvious to one of ordinary skill in the art at the time of
invention.
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