Appeal No. 2003-1193
Application No. 09/570,123
It follows that the applied prior art references as a whole
would not have led one of ordinary skill in the art to construct
Chihara’s sleeve supporter with a plastic material having less
resiliency than that used to construct Chihara’s main body, with
a reasonable expectation of successfully using such plastic
material for the welding purpose. To utilize such plastic
material to construct Chihara’s sleeve supporter would destroy
the invention on which Chihara is based. Ex parte Hartmann,
186 USPQ 366, 367 (Bd. App. 1974).
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