Ex Parte Fisher et al - Page 4



          Appeal No. 2004-1881                                                        
          Application No. 09/623,681                                                  

          providing a sub-structure 104, 110, assembling an outer layer 102           
          to the sub-structure, injecting shim material 120, in liquid form,          
          into the void area between the sub-structure and the outer layer by         
          means of a caulking gun 124, and curing the thus deposited shim             
          material.  It also appears that the cured shim material may then            
          optionally be machined (column 7, lines 41-43).                             
               As an alternative to the above, Thomas discloses that the shim         
          material may be pressed or calendered into preformed strips and             
          applied to the sub-structure in strip form prior to mating of the           
          parts (column 7, lines 36-38).  Thus, when the method of Thomas is          
          practiced using shim material comprising preformed strips, the              
          Thomas method would appear to comprise the steps of providing a             
          sub-structure, positioning the preformed shim material on the sub-          
          structure, assembling an outer layer to the sub-structure, curing           
          the shim material, and optionally machining the cured shim                  
          material.                                                                   
               In rejecting the appealed claims, the examiner notes the               
          teaching of Thomas of the shim material provided as a preformed             
          strip of material and concludes:                                            
                    It would have been obvious to one of ordinary skill               
               in the art at the time the invention was made to have                  
               substituted the shim material of Thomas, preformed into                
               strips and applied in strip form prior to mating of the                
               parts, for the shim material of AAPA, to facilitate                    
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