Appeal 2007-0269
Application 10/799,095
1 This is an appeal from the final rejection of claims 1, 3-5, 9, 171, 18, 24-29,
2 32 and 33 and the Examiner’s refusal to allow claims 6-8, 10, 13-16 and 19-23 as
3 amended after final rejection. These are the only claims remaining in the
4 application. We have jurisdiction under 35 U.S.C. §§ 134 and 6.
5 The claimed invention is an impact absorbing structure comprising two or
6 more extruded plastic layers connected with a hinge and nested together. In some
7 independent claims, the layers have different properties with regard to structure or
8 composition, and the hinge feature is not claimed. A method of manufacture is
9 also claimed.
10 Claim 1, reproduced below, is further illustrative of the claimed subject
11 matter.
12 1. An article of manufacture, comprising:
13 An energy absorber comprising an extruded plastic first layer having a
14 first plurality of corrugations separated by a hinge from a second plurality of
15 corrugations, wherein the length of the corrugations are longer than their
16 widest cross-sectional width.
17
18 The references of record relied upon by the Examiner as evidence of
19 obviousness are:
20 Brockenbrough US 4,852,704 Aug. 1, 1989
21 Welygan US 5,011,642 Apr. 30, 1991
22
23 Claims 1, 3-10, 13-29, 32 and 33 stand rejected under 35 U.S.C. § 103 as
24 unpatentable over Brockenbrough in view of Welygan.
25
1 Appellants at page 1 of the Brief acknowledge that claim 17 depends from
canceled claim 12. Claim 17 should depend from independent claim 10.
2
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