Appeal 2007-1313
Application 10/162,098
subject to distortion and enlargement as the pocket 36 is being filled with silicone.
We do not agree with the Examiner that the use of a resilient stretchable material
would have been an obvious design choice or a material suitable for Gabrielli’s
intended purpose. As such, we hold that the combination of Gabrielli and
Hoshizaki would not have led one having ordinary skill in the art to the subject
matter of claim 6.
CONCLUSIONS OF LAW
We conclude that Appellant has shown the Examiner erred in rejecting
claims 6-9 under 35 U.S.C. § 103(a) as unpatentable over Gabrielli and Hoshizaki.
DECISION
The decision of the Examiner to reject claims 6-9 is reversed.
REVERSED
jlb
Eric Fincham
316 Knowlton Road
Lac Brome J0E 1 V0 CA CANADA
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