Appeal No. 2006-1546
Application No. 09/974,262
(English Translation, ¶ [0039], Answer, pages 5 and 6). The
Figure 5 embodiment substitutes the reduced thickness rib (i.e.,
ridge) for the notch as the breakage origin part. (English
Translation, ¶ [0039]). Also, as shown in Figure 5, the
breakage origin part (28a) extends all the way to the bottom of
the breakage part (i.e., tear line). It follows that Otsuka
teaches the claimed features of claims 2 and 10.
Dependent claims 19 and 20 include the following
limitations: “only one or two independent ridges are integrally
formed on the inner surface of the cover member astride said at
least one of the tear lines” (claim 19) and “only one or two
independent ridges are integrally formed on the inner surface
thereof astride said at least one of the tear lines” (claim 20).
The Examiner contends that it would have been obvious to supply
Yokota with only one or two ridges taught by Otsuka in order to
minimize the complexity of the cover, thereby reducing
manufacturing time and cost. (Answer, pages 4 and 6). The
Examiner further states that a modification involving a mere
change in number is generally considered to be within the level
of ordinary skill in the art. (Answer, page 6).
Appellants argue that Otsuka’s ribs (i.e., ridges) are
spaced uniformly along the entire length of the breakage part
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