Ex Parte YAMAGUCHI et al - Page 8




          Appeal No. 2002-2092                                                        
          Application 09/328,467                                                      


          formed in the curved space, being provided for the resin to be              
          filled uniformly into the mold assembly.                                    

          The examiner’s position with regard to claims 5 and 6 is set                
          forth on page 4 of the answer as follows:                                   
                   Yamaguchi discloses a method of molding a gasket using            
               a mold assembly having a male 20 and female 21 mold.  The              
               molds assemble together to define spaces (cylinder (near               
               line 24 in Fig. 13), flat (radially outward of the                     
               cylinder), and curved 51).  A resin enters through gate 25             
               and fills the spaces to form a gasket for a battery cell.              
               The female mold includes an ejector sleeve 30.  The spaces             
               do not include a narrow space from a projection with a                 
               chamfer.                                                               
                    Passaniti teaches a gasket formed with a thin portion             
               having a chamfer that will rupture to vent pressures built             
               up in the cell.  It would have been obvious for one of                 
               ordinary skill in the art at the time the invention was made           
               to modify the structure of the gasket and thus the mold to             
               include the thin portion with the chamfer to allow pressure            
               venting in the cell.                                                   

          Like appellants, absent hindsight, we find no basis in the                  
          teachings of Passaniti and Yamaguchi which would have provided              
          any reason, suggestion, or motivation for one of ordinary skill             
          in the art to attempt to modify the mold assembly and sealing               
          gasket of Yamaguchi (Figs. 10-17) in the manner proposed by the             
          examiner based on Passaniti.  Moreover, even if some combination            
          thereof may have been possible, i.e., such as forming the                   
          injection molded (col. 7, lines 60-61) sealing gasket seen in               

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