Appeal No. 97-2456
Application 08/424,064
We also shall sustain the standing 35 U.S.C. § 103 rejection
of claims 10 and 17 as being unpatentable over Jones in view of
Glaese.
Claim 10, which depends from independent claim 9 and is
similar in scope to claim 1, calls for a second set of measuring
indicia that is adjacent to a second measuring edge and has
measuring marks which are complementary with the measuring marks
in the first set. Claim 10 also requires the measuring marks in
the second set to be the same color. The Jones measuring device
includes a second set of measuring indicia that is adjacent to a
second measuring edge and has measuring marks which are
complementary with the measuring marks in the first set. To make
the measuring marks in this second set the same color in order to
exhibit the look of the conventional single color measuring
indicia implied in Jones’ background discussion would have been
obvious to one of ordinary skill in the art as a simple matter of
common sense. In this regard, a conclusion of obviousness may be
based on common knowledge and common sense of the person of
ordinary skill in the art without any specific hint or suggestion
in a particular reference. In re Bozek, 416 F.2d 1385, 1390, 163
USPQ 545, 549 (CCPA 1969).
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