Ex Parte Sereboff - Page 12



          Appeal No. 2004-2354                                                        
          Application No. 09/923,991                                Page 12           

          discloses using other measures to absorb energy in the event of             
          an impact at column 4, lines 46-65 of the patent.                           
               Concerning dependent claim 3, we determine that employing a            
          fluid with a viscosity range as claimed in Jordan would have been           
          obvious to one of ordinary skill in the art for the reasons                 
          discussed above regarding claim 4.                                          
               It follows that, on this record, we will sustain the                   
          examiner’s obviousness rejections of claims 2 and 3.                        
                § 103(a) Rejection of claim 22 over Jordan and Sobel                  
               In addition to claim 1, claim 22 requires that an accordion            
          pleat be formed along an edge of the enclosure and that the                 
          enclosure is formed from a flexible material.  As explained by              
          the examiner in the answer, Jordan discloses forming the casing             
          of flexible material, such as vinyl.  See column 1, lines 20-22             
          and column 2, lines 17-19 of Jordan.  As recognized by the                  
          examiner, Jordan does not explicitly describe using an accordion            
          pleat along an edge of the casing (enclosure) of the disclosed              
          bumper pad shock absorber.  However, the examiner relies on Sobel           
          for showing that a flexible housing for a bumper shock absorber             
          can include a portion that is pleated, like an accordion, to                
          allow for “greater resiliency in the shell 103 upon collision”              
          (see column 4, lines 8-12 of Jordan).  We agree with the examiner           





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