Ex Parte Bersuch et al - Page 54



          Appeal No. 2006-0132                                                       
          Application No. 09/946,627                                                 
              Claims 13, 14 and 18-21 deal with overwrap plies.                      
              While a number of references show overwrap plies, none                 
              of the references cited ... shows the features claimed                 
              in parent claim 7.                                                     
              Thus, for the reasons indicated supra and in the Answer, we            
          determine that the examiner has established, by preponderance of           
          evidence, a prima facie case of obviousness, which has not been            
          rebutted by the appellants.  Accordingly, we affirm the                    
          examiner’s decision rejecting claims 13, 14 and 18 through 21              
          under section 103(a).                                                      
                               REJECTIONS 12) and 13)                                
              As evidence of obviousness of the subject matter defined by            
          claims 22, 25 and 26 under section 103(a), the examiner relies on          
          the combined disclosures of Breuer, Abildskov, Campbell,                   
          Hertzberg and either Barnes or Sloman.  The collective teachings           
          of Breuer Abildskov, Campbell and Hertzberg are discussed above.           
          The examiner appears to acknowledge that these references do not           
          mention using over-presses during curing as required by claims             
          22, 25 and 26.  See the Answer, pages 24-26.                               
             To remedy this deficiency, the examiner takes Official                 
          Notice at pages 24 and 25 of the Answer that:                              
                    [I]t is well known in the art when curing                        
                                                                                     
          Z-pins prior to co-curing the skins and pre-forms.  See page 7.            
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