Appeal No. 96-3920
Application 08/151,891
Thus, the abstract is clearly not an accurate abstract of the
actual disclosure of the German document, and cannot be fairly
relied upon. Moreover, a fair reading of the abstract reveals
to us that it neither infers nor suggests a "flexible"
housing.
For these reasons, we believe it quite appropriate to say that
the German document does not disclose a (flexible) housing
upon which (manual) pressure can be exerted by a user to exude
coloring through the pen.
As to the other applied teachings, we find that they
reveal relevant aspects of the claimed invention but
collectvely would not have overcome the deficiency of the
German document or have been suggestive of appellants’
invention. Of particular
significance is the Gaines patent. The patentee Gaines
overcomes a problem comparable to the problem addressed by
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