Appeal 2007-1829 Application 10/098,801 The references of record relied upon by the examiner as evidence of obviousness are: Maker U.S. 4,678,084 Jul. 07, 1987 Lemery U.S. 4,735,310 Apr. 05, 1988 Robbins, III (Robbins) U.S. 4,890,757 Jan. 02, 1990 Kidd U.S. 5,011,011 Apr. 30, 1991 Also of record in the appeal is a declaration filed pursuant to 37 CFR § 1.132 by an inventor, James P. Burra. Claims 1-21 stand rejected under 35 U.S.C. § 103 as unpatentable over Lemery in view of Kidd, Maker and Robbins. ISSUES In addition to arguing that it would not have been obvious to combine Maker and Kidd with the disclosure of Lemery, Appellants have argued that Robbins would not have suggested to one of ordinary skill that semi-circular ribs be used on the engine transport containers. Accordingly, the sole issue for our consideration is whether the Appellant’s have established that the Examiner erred in rejecting the claimed subject matter under § 103. 3Page: Previous 1 2 3 4 5 Next
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