Ex Parte Preisler et al - Page 7




              Appeal No. 2005-2633                                                                     Page 7                 
              Application No. 10/254,376                                                                                      


              not teach the molding of a headliner with energy absorbing structures.  (Answer, pp.                            
              5-6).  The Examiner asserts that Klobucar and Wandyez teach that headliners for a                               
              vehicle roof can be formed by gas-assisted injection molding.  The formed headliner                             
              may include hollow rib sections for structural integrity. (Id.)  The Examiner recognizes                        
              combination does not set forth using the voids or hollow sections as head impact                                
              mechanisms as currently claimed.  However, the Examiner asserts that the head impact                            
              mechanisms are a recitation of the intended use of the produced part.                                           
                      The portions of the Keller reference identified by the Examiner for describing the                      
              features of the claimed invention are incorrect.  While the reference discloses the                             
              production of molded parts having hollow rib voids, the reference does not disclose that                        
              the ribs could function as a compressible head impact mechanism.  To the contrary,                              
              Keller discloses the ribs are present to provide structural support.  (Col. 5, ll. 51-56).  If                  
              these components were compressible as suggested by the Examiner the stated                                      
              intended purpose for structural integrity would be defeated.  The remaining references                          
              cited in the rejection do not describe head impact mechanisms.  Accordingly, we agree                           
              with Appellants, Brief pages 7-9, that the Examiner has failed to establish a prima facie                       
              case of obviousness of the claimed subject matter.                                                              













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