Appeal No. 2006-1328
Application No. 10/379,307
incision pass entirely through one surface of the member and also
through the opposite surface of the member. Like the examiner,
we find that the incision of Mattia is formed through the
flexible member. Also, we find that the securement devices 20 of
Mattia, per se, apart from holder 15, meet the requirements of
the claimed flexible member. As for appellant’s argument that
the holders of Mattia are generally described as cylindrical,
rectangular or square blocks, and not dish-like in shape as
claimed, we concur with the examiner that “[a] dish may have a
square or rectangular shape” (page 9 of answer, penultimate
paragraph).
Appellant also contends that “[t]here is no teaching in
Mattia et al. about the incisions or slots being terminated with
an aperture to prevent the plurality of incisions from tearing”
(page 10 of brief, second paragraph). However, appellant does
not address the examiner’s citation of Kingry, incorporated by
Mattia, for enhancing the features of Mattia’s figure 4.
Manifestly, Kingry illustrates apertures at the end of the
incisions.
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