Ex Parte Bersuch et al - Page 49



         Appeal No. 2006-0132                                                        
         Application No. 09/946,627                                                  
         expectation of successfully distributing optimum force across the           


         entire outer surfaces of the pre-form, thus obtaining improved              
         curing and bonding.                                                         
             The appellants appear to argue that none of the applied                
         prior art references teaches the generally triangular shape over-           
         press recited in claim 28.  See the Brief, page 20.  We do not              
         agree.  As pointed out by the examiner (the Answer, page 21)),              
         Sloman illustrates a generally triangular shape pressure                    
         intensifier (over-press).  See Sloman, Figure 2 in conjunction              
         with Sloman, page 6.                                                        
             In any event, the appellants ignore the fact that the shapes           
         of over-presses are known to be a function of the shapes of the             
         pre-forms since the whole purpose of using the over-presses is to           
         apply pressure or force against the surface of a given structure.           
         Thus, it is our judgment that the determination of an appropriate           
         shape of an over-press for a given structure is well within the             
         ambit of one of ordinary skill in the art since it is a known               
         result effective variable for distributing optimum force for                
         given structures during curing and bonding.  In re Boesch, 617              
         F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980).                               

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