Ex Parte Prater - Page 4



             Appeal 2006-2880                                                                                      
             Application 10/226,387                                                                                
             member (36) to the drum (20) yields integrally-formed elements resulting in a                         
             single monolithic or uniform whole (Answer 4).  Even if we were to adopt this                         
             position of the Examiner, the limitations of claim 23 would still not be met because                  
             the inner surface of the sidewall near the open end would not extend continuously                     
             and uninterrupted onto the strengthening member.  Using the Examiner’s                                
             interpretation, the inner surface of the single monolithic sidewall of Maruki would                   
             be the inner surface of the wall of drum (20).  Maruki does not show this wall                        
             extending continuously and uninterrupted onto the folded over portion of the                          
             cylindrical member (36).  As such, we find that Maruki does not anticipate the                        
             invention of claim 23, because it does not disclose a sidewall having “a plurality of                 
             spaced splines” and “a strengthening member near the open end that is formed of                       
             the sidewall material having a folded over portion” and it does not show “an inner                    
             surface of the sidewall near the open end extending continuously and uninterrupted                    
             onto the strengthening member and establishing at least one surface of the                            
             strengthening member.”  Accordingly, we do not sustain the rejection of claim 23                      
             and claims 24-28 and 30, which depend from claim 23, under 35 USC § 102(b) as                         
             being anticipated by Maruki.                                                                          









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