Appeal 2007-1399
Application 10/013,123
patent a modification of the Jackson invention by wrapping the pleated sheet
around a core before bonding was rejected as unpatentable under 35 U.S.C.
§ 103.
Manifestly, we do not subscribe to Appellants' argument that "the
Examiner's general underlying proposition that wrapping an article around a
core is generally a well-known alternative to inserting a core into a pre-made
article is fundamentally flawed" (Principal Br. 11, first para., last sentence).
In our view, one of ordinary skill in the art would have found it obvious to
perform a typical cost-benefit analysis in weighing the advantages and
disadvantages of the known alternative methods of joining a pleated sheet to
a central core.
As a final point, we note that Appellants base no argument upon
objective evidence of nonobviousness, such as unexpected results, which
would serve to rebut the inference of obviousness established by the
Examiner.
In conclusion, based on the foregoing and the reasons well-stated by
the Examiner, the Examiner's decision rejecting the appealed claims is
affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(iv)(effective Sept.
13, 2004).
AFFIRMED
cam
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