Appeal No. 2005-1309
Application No. 09/971,505
completely touch each other (see the second full paragraph on
page 5 in the answer). Second, the examiner contends that the
flat blank shown in Hooker’s Figure 1 “can be” folded along
“lengthwise” folds (extending from left to right in Figure 1) so
as to form a sequence of hollow pyramid elements extending into
their adjacent pyramid elements (see the paragraph bridging pages
5 and 6 in the answer). Neither approach is well taken.
To begin with, the claim limitation in question requires the
hollow pyramid elements to be “nested into one another” (emphasis
added). Although the Hooker folded structure arguably embodies
adjacent pyramid elements which are “nested” together under the
definition advanced by the examiner in the sense that they have
sides 3,3 or 4,4 that touch one another, such pyramid elements
are not nested “into” one another as recited in claim 1.
Furthermore, the examiner has not pointed out, and it is not
evident, where Hooker actually teaches that the blank illustrated
in Figure 1 “can be” folded along lengthwise fold lines to
produce an object comprising pyramid elements which are nested
into one another. The lack of such disclosure belies any
determination that Hooker teaches a three-dimensional object
produced by lengthwise folding.
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