Appeal 2007-0213
Application 11/060,994
1. An article of manufacture formed from binder coated wood flakes,
having a lopsided funnel shaped hole extending from one surface of said
article to the other, said hole having one side portion extending
approximately perpendicularly from said surface and an opposite portion
side portion extending from said one surface at an angle of 20 degrees or
more with respect to said perpendicular, whereby said hole has a generally
elliptically shaped opening at said one surface and a generally circular
shaped opening at said other surface.
The Examiner relies upon the following references in the rejection of
the appealed claims:
Akerson US 3,143,026 Aug. 4, 1964
Preston US 6,569,540 B1 May 27, 2003
Appellant's claimed invention is directed to an article of manufacture,
such as a molded wood strand product, having a lopsided funnel shaped hole
extending from one surface to another surface of the article. The hole has a
generally elliptically shaped opening at one surface and a generally circular
shaped opening at the other surface.
Appealed claim 1 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Akerson. Claims 2-5 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Akerson in view of Preston.
Appellant has not set forth a separate substantive argument against the
§ 103 rejection of claims 2-5. Rather, Appellant relies solely upon the
argument against the § 102 rejection of claim 1 upon which claims 2-5
depend (see page 5 of Br., last para.). Accordingly, we will limit our
consideration to the Examiner's § 102 rejection of claim 1.
We have thoroughly reviewed each of Appellant's arguments for
patentability. However, we are in full agreement with the Examiner that
Akerson describes the subject matter of claim 1 within the meaning of § 102.
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Last modified: November 3, 2007