Ex Parte Chernoff et al - Page 3

                Appeal 2006-3057                                                                                
                Application 10/426,905                                                                          

           1           The Examiner contends (Final Rejection 2) that when attached, the                        
           2    panels of Rashid are unitary and one-piece.  The Examiner identifies bottom                     
           3    edge 26 of outer panel 12 of Rashid as meeting the claimed crease or bend.                      
           4    With regard to claim 17, the Examiner relies upon Salmonowicz for a                             
           5    suggestion of making the panels out of plastic.                                                 
           6                                                                                                    
           7           We reverse.                                                                              
           8                                        ISSUE                                                       
           9           Have Appellants shown that the Examiner erred in holding that                            
          10    Rashid anticipates claims 1-16 and 31?  The issue turns on whether Rashid's                     
          11    panels, once attached, can be considered to be a "unitary, one-piece"                           
          12    structure, and whether bottom edge 26 of Rashid meets the claimed bent or                       
          13    creased portion.  With respect to claim 17, the issue is whether Salmonowicz                    
          14    makes up for the deficiencies of Rashid.                                                        
          15                                                                                                    
          16                                FINDINGS OF FACT                                                    
          17           1. Appellant invented a vehicle door characterized by a unitary, one-                    
          18              piece panel that forms an inner panel and an outer panel.                             
          19              (Specification 1).                                                                    
          20           2. The panel is folded or bent so that the inner panel portion and the                   
          21              outer panel portion at least partially define a cavity therebetween.                  
          22              (id.).                                                                                
          23           3. Inner panel portion 14 and outer panel portion 18 are separated by                    
          24              a crease 16.  (Specification 9).                                                      
          25           4. Rashid describes a vehicle door 10 including an outer panel 12,  a                    
          26              reinforcement panel 14, an inner panel 16, an inner cover 18 as                       

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