Appeal 2007-0269
Application 10/799,095
1 ISSUE
2 We note that independent claims 10, 18 and 24 are not expressly argued or
3 even mentioned in the Brief and Reply Brief. However, dependent claims 15, 16,
4 and 17 which depend from claim 10, dependent claims 19 and 20 which depend
5 from claim 18, and dependent claim 28 which depends from claim 24 are expressly
6 argued. Accordingly, we will construe these arguments as maintaining the appeal
7 as to the independent claims 10, 18, and 24 and will consider the patentability
8 thereof hereinbelow.
9 The sole issue for our consideration in this appeal is whether Appellants
10 have established that the Examiner erred in rejecting claims 1, 3-10, 13-29, 32 and
11 33 on the ground of obviousness.
12 FINDINGS OF FACT
13 Brockenbrough discloses an energy absorption barrier device for automotive
14 vehicles, and in particular, an intrusion barrier for the door of such vehicles.
15 (Brockenbrough, col. 1, ll. 6-10). The invention is comprised of a plurality of
16 elongated sheet metal strips mounted in stacked relation and having sinusoidal
17 shapes. (Brockenbrough, col. 2, ll. 13-15). The ends of the strips are held together
18 by end bracket 17, 18. (Brockenbrough, col. 3, ll. 35-36). Preferably a layer of
19 acrylic modified epoxy is provided between the ends of the adjacent strips within
20 the brackets. The composition of the strips is high strength steel treated so as to
21 have 60 ksi specified minimum yield strength and 20% specified minimum
22 elongation. (Brockenbrough, col. 3, ll. 25-27).
23 Welygan teaches a method for making a three-dimensional plastic article
24 having a base element and at least one undulating tapered rib element. The rib
25 element is attached to the base element along its entire length. The article may
26 have multiple tapered rib elements and may also have secondary structures
3
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