Appeal No. 2006-0132
Application No. 09/946,627
Hertzberg, motivated by a reasonable expectation of successfully
distributing optimum force across the entire outer surfaces of
the pre-form, thus obtaining improved curing and bonding.
The appellants argue that none of the applied prior art
references teaches the generally triangular shape over-press
recited in claim 22. See the Brief, page 22. This argument is
not well taken. As pointed out by the examiner (Answer, page
26), Sloman illustrates a generally triangular shape pressure
intensifier (over-press) in its Figure 2. See also 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
curing and bonding given structures. Boesch, 617 F.2d at 276,
205 USPQ at 219.
Thus, for the reasons indicated above and in the Answer, we
concur with the examiner that the applied prior art references as
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