Appeal No. 1998-1647
Application 08/668,503
Kuehne contains a suggestion for the modification proposed by
the examiner.5
Furthermore, Ferguson provides no guidance whatsoever as
to how the patch in applied to the bag. Hence, even if the
patch of Ferguson were extended up to or past a side edge of
the bag as proposed by the examiner, it is not apparent to us
that the extended patch would necessarily “cover” at least a
segment of that side’s edge, as called for in each of the
independent claims on appeal. Stated differently, even if the
proposed modification of Ferguson were to be made, it is not
clear to us that the claimed subject matter would result, the
examiner’s view to the contrary notwithstanding.
5In this regard, the examiner’s reliance on case law such
as In re Shepard, 319 F.2d 194, 138 USPQ 148 (CCPA 1963); In
re Jacoby, 309 F.2d 513, 135 USPQ 317 (CCPA 1962); and In re
Bozek, 416 F.2d 1385, 163 USPQ 545 (CCPA 1969) to fill this
gap in the evidentiary basis for the rejection is not
sufficient.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007