Ex Parte Tuma - Page 5



                Appeal 2006-2308                                                                               
                Application 10/343,154                                                                         

                on Hammer for the basic process of producing an adhesive closing part with                     
                a laterally and rotationally symmetrical structure using a pressure tool and a                 
                molding tool, where the molding tool has cavities with walls extending                         
                along a convex path.  The Examiner concedes that Hammer does not                               
                disclose cavities having “a curvature in a form of a hyperboloid with a more                   
                pronounced portion defined by decreased radii of curvature and by                              
                narrowing of spaces between the boundary walls, each more pronounced                           
                portion being closer to a head molding part of the cavity than to a base                       
                molding part of the cavity.”  (Answer 4).  Accordingly, the Examiner relies                    
                on Thomas for a teaching of the claimed hyperboloid shape.  (Answer 5)                         
                (citing embodiments shown in Fig. 6A to Fig. 9B, particularly Fig. 7A).3                       
                According to the Examiner, Thomas “teaches that the length of the prong                        
                may be varied according to the material the shank is designed to intercept                     
                (9:62-10:24).  Thomas also teaches the decreased radii of curvature and                        
                narrowing of spaces between the boundary walls, each more pronounced                           

                                                                                                              
                3 “Thomas' figures show curvatures that encompass hyperboloid shapes, and                      
                in the alternative, the drawings and text of the Thomas patent provide clear                   
                suggestion and teaching that the particular curvature be changed and                           
                optimized.”  (Answer 12).                                                                      
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