Appeal 2007-1243
Application 10/336,018
§ 103(a) as being unpatentable over Hung in view of Goodrich. The Examiner’s
rejection is set forth on page 5 of the Answer. Claims 1 through 6, 13 through 18,
24, and 25 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over
Appellant’s admitted prior art in view of Hung. The Examiner’s rejection is set
forth on page 6 of the Answer. Throughout the opinion we make reference to the
Brief (filed August 15, 2005), and the Answer (mailed April 19, 2006) for the
respective details thereof.
ISSUES
Appellant contends that the Examiner’s rejection of claims 1 through 6, and
13 through 231 based upon Hung is in error. Appellant argues that the Examiner
has not shown that Hung teaches that the disk is rotated until it reaches balance and
then the fluid is cured. Further, Appellant argues that because Hung’s groove is
not closed the fluid would fly off of the disk.
The Examiner contends that the rejection is proper and finds that Hung uses
UV glue (glue that is cured by UV light) to balance the disk. The Examiner
reasons that:
It would be useless and waste of money if the operator uses this relatively
expansive [sic, expensive] UV glue to cure it in the unbalanced disc before
pinpointing where the unbalanced location is on the disc. If the operator
knows the exact location to place the glue before the disc is rotated, then one
would not use UV glue in this case. One would use inexpensive glue that
would cure on the spot when exposed to air, for example. Therefore, there is
reason when one uses UV glue in the unbalanced disc to balance the disc. It
1 We note that Appellant separately addresses three groups of claims 1-6, and 24;
13-16, 18, and 25; and claims 19-23. Appellant in addressing the groups
consisting of claims 13-16, 18 and 25; and claims 19-23, states “[t]he above
distinction between claim 1 and Hung also applies to independent claim 13 [and
19] and its dependent claims.” Br. 12. We do not consider this a separate
argument under 37 C.F.R. § 41.37(c)(1)(vii), and we group the claims together.
3
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