Ex Parte Ferree et al - Page 6




             Appeal No. 2006-0520                                                                Παγε 6                                      
             Application No. 10/303,385                                                                                                      


             rather separated by a distance 466 depicted in Figure 45 (col. 12, lines 32 to 36) and                                          
             that the upper and lower shells 112 and 114 of Figure 20 do not constrain more than 50                                          
             percent of the height of spacer 116 (col.9, lines 8 to 11).                                                                     
                    In addition, we agree with the appellant that the examiner has not established                                           
             that a person of ordinary skill in the art would have been motivated to combine the                                             
             teachings of the references.   Contrary to the examiner’s assertion, neither reference                                          
             discloses projections configured to impinge if subjected to excessive force.                                                    
                    In view of the foregoing, we will not sustain the rejection as it is directed to                                         
             claim 14 and claims 15 to 23 dependent thereon.                                                                                 




































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