Appeal No. 2003-0918 Page 13
Application No. 09/395,659
Claims 3 to 5
We will not sustain the rejection of claims 3 to 5 under 35 U.S.C. § 103.
Claims 3 to 5 include the limitation that "one or more of said ridges is a large
ridge and one or more of said ridges is smaller than said large ridge."
We find ourselves in agreement with the appellants' argument (brief, p. 6) that
Dupuis discloses only ridges having the same size and therefore does not suggest both
a large ridge and a ridge which is smaller than the large ridge. In our view, the eight
corners of Dubuis' core 3 are not ridges. Accordingly, the decision of the examiner to
reject claims 3 to 5 under 35 U.S.C. § 103 is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1, 2, 6, 8 and 9
under 35 U.S.C. § 103 is affirmed and the decision of the examiner to reject claims 3 to
5, 7 and 10 to 15 under 35 U.S.C. § 103 is reversed.
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