Ex Parte GOERTZ et al - Page 7




          Appeal No. 1999-1926                                                        
          Application No. 08/675,938                                                  


          reference, ... to provide an exemplary teaching of the                      
          obviousness of clamping bodies having an adjustable clamping                
          pressure in a transverse direction.  Therefore, the Shen/Hendrick           
          combination has no ‘holes in the dielectric insert.’”  We agree             
          with the Examiner’s position.  While modifying the Shen reference           
          an artisan is not supposed to bodily incorporate the structure of           
          the secondary reference into the main reference, rather an                  
          artisan would use the teaching of adjustable pressure in                    
          modifying the clamping pressure applied by 35 on the insert 30              
          in Shen.  Hendrick provides the motivation for a variable                   
          pressure on the insert to account for changes caused by                     
          temperature, see col. 1, lines 25-34.  Therefore, we sustain the            
          obviousness rejection of claim 1 over Shen and Hendrick.                    
               Mizumura                                                               
               The Examiner gives a lucid explanation of the rejection of             
          claim 42 over Mizumura at page 8 of the Examiner’s answer.                  
          Appellants argue (brief at page 13) that “[c]laim 42 ... defines            
          that the waveguide has a projection formed in direction of its              
          diameter, so that the plate abuts against the projection.  This             
          feature is not disclosed in the reference ....”  We disagree with           
          Appellants.  Clearly, the waveguide 42 has a projection 42A which           
          extends along the diameter of the waveguide, and that projection            

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