Ex Parte Sheu et al - Page 5


                 Appeal 2007-0407                                                                                       
                 Application 10/243,796                                                                                 
                 Waldrop does not teach employing a resin distribution plate position                                   
                 between the mold tool and the fiber preform as required by independent                                 
                 claims 1, 16, and 31 (Answer 6-10).                                                                    
                        To remedy this deficiency, the Examiner has referred to the                                     
                 disclosures of Palmer.1  The Examiner has found that Palmer teaches a                                  
                 vacuum resonant fusion molding process that includes a resin distribution                              
                 plate (id).  It appears to be the Examiner’s position that these findings would                        
                 have led one of ordinary skill in the art to place a resin distribution plate                          
                 position between the mold tool and the fiber preform in the process of                                 
                 Waldrop (Answer 7).  The Appellants do not agree with this position (Br. 5-                            
                 13).                                                                                                   
                        The dispositive question is, therefore, whether the Examiner has                                
                 demonstrated that a person having ordinary skill in the art would have been                            
                 led to place a resin distribution plate position between the mold tool and the                         
                 fiber preform in the process of Waldrop within the meaning of 35 U.S.C.                                
                 § 103.  On this record, we answer this question in the negative.                                       
                        Waldrop describes a vacuum assisted resin transfer molding process                              
                 (Waldrop 0032).  Waldrop discloses that the resin is infused into the                                  
                 molding preform by using vacuum pressure that causes the resin to travel                               
                 from one side of the preform to the opposite side where excess resin is                                
                 recovered (see Figure 1 and Waldrop 0188-0191).  The Examiner has not                                  
                 adequately explained how a resin distribution plate could have been                                    
                 incorporated into the apparatus of Waldrop.  The Examiner has not                                      

                                                                                                                       
                 1 The Examiner did not rely upon the teachings of McKague for remedying                                
                 the identified deficiency in the Waldrop reference.                                                    
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