Appeal 2007-0020
Application 10/680,510
flange having one more side than a heptagon, i.e. an octagonal shaped flange
(¶ 0021). As discussed above, JP ‘432 would have rendered obvious, to one of
ordinary skill in the art, a flange having an odd number of sides. Accordingly,
JP ‘432 would have led one of ordinary skill in the art to use a flange having seven
sides instead of the eight disclosed in JP ‘423.
The Appellants argue that a flange such as those in the Appellants’
figures 8C-8E having straight sides does not necessarily have apexes (Reply Br. 7).
Flanges having the regular shape disclosed by JP ‘432, however, i.e., square,
hexagonal and octagonal (¶0021) have apexes.
We therefore are not convinced of reversible error in the rejection of
claims 36, 37, 59, 60 and 81-84 over Collette in view of JP ‘432.
Claims 51-58 and 61-65
The Appellants argue regarding claims 51 and 52-58 and 61-65 that depend
directly or indirectly therefrom that JP ‘432’s six-sided flange does not have an
apex diametrically opposed from a center of at least one of the substantially
straight sides (Br. 19-21). As discussed above, JP ‘432 would have rendered
obvious to one of ordinary skill in the art a flange having an odd number of straight
surfaces, i.e., heptagon, pentagon, etc. Such a flange necessarily would have an
apex diametrically opposed from a center of at least one substantially straight
surface.
We therefore are not convinced of reversible error in the rejection of
claims 51-58 and 61-65 over Collette in view of JP ‘432.
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