Appeal No. 2006-0934
Application No. 10/327,852
interpretation do the corrugated bearing surfaces 34 on Cotter’s sealing members or the
grooves 52 on the end panels of Tran’s headers constitute recesses formed along a
fitting hole on the opposite surfaces of an end plate as recited in claim 1.
Thus, the examiner’s conclusion that the subject matter recited in independent
claim 1 would have been obvious at the time the invention was made to a person having
ordinary skill in the art rests on a factually unsupported assessment of the fair teachings
of both Cotter and Tran. Consequently, we shall not sustain the standing 35 U.S.C. §
103(a) rejection of claim 1, and dependent claims 2, 3 and 10-12, as being unpatentable
over Cotter in view of Tran.
SUMMARY
The decision of the examiner to reject claims 1-3 and 10-12 is reversed.
REVERSED
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007