Appeal No. 1999-2088 Page 6
Application No. 08/782,243
Initially, it is our opinion that the following
relationships are inherent from the disclosure of
Landenberger: (1) notches a , a are of equal size; (2) notches2 3
a , a are of equal size; and (3) notches a , a are of a size1 4 2 3
not more than the size of notches a , a . We reach this 1 4
conclusion of inherency from the ensuing factors. First,
Landenberger teaches that a rectangular envelope is formed
from a rectangular sheet of paper. Second, Landenberger
teaches the apex of the four triangular flaps b , b , b and b 1 2 3 4
is a right angle and the opposite flaps of each pair (i.e.,
flaps b and b are one pair and flaps b and b are the second1 3 2 4
pair) being symmetrical and the triangles of one pair (i.e.,
flaps b and b ) being larger than those of the other pair1 3
(i.e., flaps b and b ). Lastly, the appellant admits (brief,2 4
pp. 15-16) that
[i]n fact no rectangular sheet can be formed into
Landenberger's claimed envelope without sizing the tip
portions [sic, notches] exactly as called for by
applicant in element (d) of applicant's independent
claims, and Landenberger evidently failed to understand
this.[2]
2We note that the discovery of a mathematic function or
relationship does not entitle a person to a patent therefor.
(continued...)
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