Ex Parte Schlor et al - Page 3



          Appeal No. 2005-1309                                                         
          Application No. 09/971,505                                                   
                                     DISCUSSION                                        
         I. The 35 U.S.C. § 102(b) rejection of claims 1 and 3 through 11              
         as being anticipated by Hooker                                                
              Hooker pertains to “[f]olded structures which are                        
         polyhedrons of generally toroidal shape . . . made up of a series             
         of hinged triangles” (Abstract).  For purposes of the appealed                
         rejections, the examiner focuses on the flat blank illustrated in             
         Figure 1 and the folded structure derived therefrom shown in                  
         Figures 2 and 2A.  As described by Hooker,                                    
                   [t]he rectangular blank A shown in FIG. 1 has fold                  
              lines 11, 12 and 13 which define six "horizontal" rows                   
              of triangles (the triangles of each row being                            
              designated as 1, 2, 3, 4, 5 and 6 respectively)                          
              arranged in eighteen "vertical" files.  The triangles                    
              of each row have, alternately, a common side (such as                    
              side B2 which is common to two triangles of the second                   
              row) or a common apex (such as point C2 which is common                  
              to two triangles of that second row).  Each successive                   
              pair of vertical fold lines 11 defines a vertical file                   
              (of the six triangles) with the common sides (e.g. B2)                   
              and the common apices (e.g. C2) being situated on the                    
              lines 11.  The other fold lines 12 and 13 run through                    
              the common apices and constitute the other two sides of                  
              each triangle.  All fold lines 11 are parallel to each                   
              other and spaced equally, as are all fold lines 12 and                   
              all fold lines 13.                                                       
                   In the configuration shown in FIGS. 1-24 all the                    
              triangles 2, 3, 4 and 5 are congruent obtuse isosceles                   
              triangles, the angle "D" at the obtuse apex of each                      
              triangle being about 108° (and the other two angles of                   
              the triangle therefore being about 36° each).                            
                   . . .                                                               
                   All the vertical fold lines 11 are "infold" lines;                  
              that is, they are to be folded to bring together the                     
              faces of the two triangles of a given row which have                     
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