Appeal No. 2005-0058 Page 5
Application No. 09/821,802
end of the tongue of Moriau’s panel as proposed by the examiner, this would not
remedy the basic deficiency of Moriau discussed above.
The examiner’s rejection of claims 4, 13 and 14 as being unpatentable over Tsai
in view of Moriau must also be reversed. The ridge 19 of Tsai characterized by the
examiner (answer, page 6) as the “tapered surface” connecting the thickness in the
remaining portion of the tongue to a thicker tongue portion, as called for in independent
claim 13, is in fact simply a sheet-formed protrusion extending upwardly from an
otherwise flat upper tongue surface and does not connect one tongue portion to a
thicker tongue portion. The modification of Tsai in view of Moriau proposed by the
examiner would not remedy this fundamental defect of Tsai.
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