Appeal No. 2004-1854
Application No. 08/971,851
OPINION
A. The Rejections over JP ‘916 alone or in view of JP ‘313 or
Corn
The examiner finds that JP ‘916 discloses a pollution control
device comprising a housing 3 containing a pollution control
element 2, a mounting article disposed between the housing and
pollution control element, where the mounting article comprises a
sheet material 1 having major top and bottom surfaces, a thickness,
a length, a width, with a plurality of score lines in the top and
bottom surfaces of the sheet material (Answer, page 4). The
examiner recognizes that JP ‘916 only discloses an embodiment where
the score lines extend the length of the sheet material (Answer,
page 9) rather than across the entire width as required by the
claims on appeal. However, the examiner bases the conclusion of
obviousness on the teaching or suggestion found in the whole
reference, namely the teaching in JP ‘916 that any shape, any
number or any arrangement means can be used for the score lines as
long as the same effect of improving winding while maintaining
excellent air-tight capability is achieved (Answer, pages 4 and 9,
citing pages 3-4 of the translation). Accordingly, the examiner
concludes that it would have been obvious to one of ordinary skill
in this art to have selected any appropriate direction for the
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