Ex Parte Blenke et al - Page 12



              Appeal 2006-1042                                                                      
              Application 10/208,131                                                                
              this fold is not formed directly by L-shaped corner piece 30 at a point               
              between piece 30 and outermost profiled section 8.  However, this is not              
              required by claim 9 as previously explained.                                          
                    Claims 10 through 13, ultimately dependent from claim 9, were not               
              separately argued and, therefore, stand or fall with claim 9.                         
                    Accordingly, we sustain the Examiner’s anticipatory rejection of                
              claims 9 through 13 over Barut.                                                       
                    Independent claim 18 differs from independent claim 1 in that it does           
              not require the pivoting function of the skis.  However, like claim 9, it             
              requires a material guide.                                                            
                    Appellants’ arguments regarding claim 18 mirror their arguments                 
              regarding claim 9.  We have already found these arguments unpersuasive                
              and refer to our discussion above in response.                                        
                    Claims 19 through 30, which ultimately depend from claim 18, were               
              not separately argued and, therefore, stand or fall with claim 18.                    
                    Accordingly, we also sustain the Examiner’s rejection of claims 18              
              through 30 under 35 U.S.C. § 102(b) as being anticipated by Barut for the             
              reasons given above.                                                                  








                                                12                                                  




Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007