Ex parte SHELLEBY et al. - Page 3




          Appeal No. 96-2680                                                          
          Application No. 08/258,788                                                  


          obviousness for the claimed subject matter.  Accordingly, we will           
          not sustain the examiner's rejection.                                       
               Grant discloses an insulating cover for a torpedo car                  
          similar to the one presently claimed.  For instance, the cover of           
          Grant comprises an insulating layer positioned between upper and            
          lower mesh layers.  The cover of Grant does not have the claimed            
          ferromagnetic plate.  Rather, Grant employs a metallic lattice 39           
          as a gripping means for holding and placement of the cover by               
          workmen.  Recognizing this deficiency of Grant with respect to              
          the appealed claims, the examiner cites either Schnabel or Evans            
          for evidence that "in metallurgical plants it is old and well               
          known to employ electromagnets to accurately and efficiently                
          place objects with ferromagnetic components" (page 3 of Answer).            
          Based on this prior art evidence, the examiner concludes that it            
          would have been obvious for one of ordinary skill in the art to             
          employ flat, ferromagnetic plates in place of the metallic                  
          lattice of Grant so that electromagnets could replace manual                
          labor for positioning and removing insulating covers.                       
               In view of the long-held knowledge in the art of using                 
          electromagnets to move and position ferromagnetic components in             
          industry, we appreciate that the examiner's underlying reasoning            
          has a certain intuitive appeal.  However, upon thorough scrutiny            
          of the present record, we find that there is insufficient factual           
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