Ex Parte CASSONI et al - Page 7




          Appeal No. 2003-1475                                                        
          Application No. 09/352,250                                                  



                                 Obviousness issues                                   


               We do not sustain the rejection of claims 1 through 4, 6               
          through 10, 13, and 15 through 19 under 35 U.S.C. § 103(a) as               
          being unpatentable over Brenner.                                            


               Independent claim 1 sets forth a book clamp for a book                 
          binding machine including the feature of a flexible spring plate            
          connected to a second clamp member and defining a concave surface           
          facing a first clamp member.  Independent claim 7 addresses the             
          feature of a flexible spring plate with a cross sectional shape             
          of a polygon.  Independent claims 9, 15 and 16 set forth the                
          feature of plural flexible spring plates.                                   


               The patent to Brenner teaches a clamping part or feeding               
          surface 16 preferably provided with a resilient material or                 
          pillow 25.  As depicted, a single pillow 25 has a convex surface            
          facing a perpendicular plate 13.  As recognized by the examiner,            
          Brenner clearly lacks a concave surface of a flexible spring                
          plate facing a first clamp member, a flexible spring plate with a           
          cross sectional shape of a polygon, and first and second flexible           

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