Ex Parte Burra et al - Page 3

              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.                  








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