Ex Parte STRUMOLO et al - Page 7




               Appeal No. 2005-0994                                                                           Page 7                   
               Application No. 09/432,485                                                                                              



               claim 5; (10) the first storing step of claim 6; (11) the first displaying step of claim 6; (12)                        
               the placing step of claim 6; (13) the second storing step of claim 6; (14) the computing                                
               step of claim 6; (15) the second displaying step of claim 6; and (16) the repositioning                                 
               step of claim 6.                                                                                                        


                       With regard to these differences, the examiner determined (answer, p. 10) that                                  
               "[i]t would have been obvious to one of ordinary skill in the art at the time of the                                    
               invention to model paint droplet flow past an automobile because this would result in                                   
               cost reductions as the paint would be applied more efficiently."                                                        


                       The appellants argue (brief, pp. 23-39) that a prima facie case of obviousness                                  
               has not been presented since that examiner has failed to present evidence that would                                    
               have led one of ordinary skill in the art to combine the relevant teachings of the                                      
               references to arrive at the claimed invention.  We agree.                                                               


                       The combined teachings of the Kinema/SIM Manual and Strumolo are suggestive                                     
               of utilizing the interactive software tool taught by the Kinema/SIM Manual to predict                                   
               sound pressure levels within a vehicle as taught by Strumolo.  The combined teachings                                   
               of the Kinema/SIM Manual and Strumolo are not suggestive of a system or method for                                      
               designing a vehicle which utilizes both a computer aided design (CAD) model                                             







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