Ex Parte Hoopman et al - Page 2

                 Appeal 2006-1312                                                                                    
                 Application 09/955,604                                                                              

                        30.  A production tool suitable for use in manufacturing an abrasive                         
                 article comprising a plurality of cavities defining at least a first, a second,                     
                 and a third group, wherein a first group of cavities has a first shape, a second                    
                 group of cavities has a second shape, a third group of cavities has a third                         
                 shape, wherein the first, second, and third shapes are all different, and                           
                 wherein each of the cavities has a single opening.                                                  
                        136.  A production tool suitable for use in manufacturing an abrasive                        
                 article comprising a first, second, and third row of cavities, wherein the                          
                 cavities each have a geometric shape including a base and a plurality of base                       
                 edge lengths forming the base of the geometric shape, wherein at least one of                       
                 the base edge lengths of the first row of cavities is different from all the base                   
                 edge lengths of the second and third rows of cavities, wherein at least one of                      
                 the base edge lengths of the second row of cavities is different from all the                       
                 base edge lengths of the first and third row of cavities, and wherein each of                       
                 the cavities has a single opening.                                                                  
                        138.  The production tool of claim 136, wherein the geometric shape                          
                 of the cavities in the first, second, and third rows are pyramidal.                                 
                        The references relied on by the Examiner are:                                                
                 Rochlis                   US 3,312,583                      Apr.   4, 1967                        
                 Bloecher                  US 4,799,939                      Jan. 24, 1989                         
                 Larson                      US 4,903,440                     Feb. 27, 1990                         
                 Pieper              US 5,152,917                      Oct.   6, 1992                               
                        The Examiner has rejected appealed claims 23, 24, 30 through 32, 89,                         
                 90, 92, 93, 134 through 136, 138 through 143, and 145 through 148 under 35                          
                 U.S.C. § 103(a) as being unpatentable over Pieper in view of Rochlis and                            
                 either of Larson or Bloecher (Answer 4-8), and has provisionally rejected                           
                 appealed claims 23, 24, 30 through 32, 89, 90, 92, 93, 134 through 136,                             
                 138 through 143 and, 145 through 148 under the judicially created doctrine                          
                 of obviousness-type-double patenting as being unpatentable over claims 23,                          




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