Ex Parte Napp et al - Page 3




              Appeal No. 2005-2723                                                                                                                  
              Application No. 10/014,084                                                                                                            

                             b) introducing the free-flowing reaction mixture into a mold,                                                          
                             c) allowing the reaction mixture to finish reacting in the mold, and                                                   
                             d) removing the molded part from the mold.                                                                             
                                                       CITED PRIOR ART                                                                              
                     As evidence of unpatentability, the Examiner relies on the following references:                                               
              Fitzgibbon     5,464,585   November 7, 1995                                                                                           
                     Harrison et al. (Harrison)  5,716,548   February 10, 1998                                                                      
                     The Examiner rejected claims 1-9 under 35 U.S.C. 102(b) as anticipated by Fitzgibbon.                                          
              The Examiner also rejected claims 10 and 11 under 35 U.S.C. 103(a) as unpatentable over                                               
              Fitzgibbon in view of Harrison.  (Answer, page 3, referring the the Office Action mailed May                                          
              [sic, June] 2, 2004).                                                                                                                 
                     We have carefully reviewed the claims, specification and applied prior art, including all                                      
              of the arguments advanced by both the Examiner and Appellants in support of their respective                                          
              positions.  This review leads us to conclude that the Examiner’s §§ 102 and 103 rejections are                                        
              well founded.  Our reasons follow.                                                                                                    
                     Rather than reiterate the conflicting viewpoints advanced by the Examiner and the                                              
              Appellants regarding the above-noted rejections, we make reference to the Answer (mailed July                                         
              5, 2005) and the Office Action mailed June 2, 2004 for the Examiner's reasoning in support of                                         
              the rejection, and to the Briefs (filed June 7, 2005 and September 8, 2005) for the Appellants’                                       
              arguments there against.                                                                                                              




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