Ex Parte EILERS - Page 8




          Appeal No. 2003-0423                                                        
          Application No. 09/377,015                                                  

               The examiner argues that the thicknesses of the appellant’s            
          exemplified panel and groove are, respectively, 0.032" (813 :m)             
          and 0.009" (229 :m), which is a ratio of 3.6 (specification,                
          page 7, lines 9-11), whereas the thicknesses of Kinuta’s                    
          exemplified panel and groove are, respectively, 50:m and 10-                
          20 :m, which is a ratio of 2.5 to 5 (answer, pages 5-6).  This              
          comparison, the examiner argues, indicates that Kinuta provides a           
          means for forming outwardly swinging doors.  See id.   This                 
          argument is not well taken because the examiner has not                     
          established that the capability of forming swinging doors depends           
          solely on the relative thickness of the panel and groove, rather            
          than also depending on other factors such as the width of the               
          groove and the material of construction of the panel.                       
               The examiner argues that “the device does not have to blow             
          anywhere but along floor 3 to form a pair of outwardly swinging             
          doors.  Specifically, the part of the device adjacent to each               
          side of the groove provides a means of bending outwards to form             
          the ‘swinging doors’” (answer, page 5).  The examiner, however,             
          has not established that the pressure in the exploding battery is           






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