Appeal No. 2001-1844
Application No. 09/178,951
markers (column 3, line 13). Johnson also teaches a
magnetically responsive surface (column 2 lines 1-4)
for attaching the magnets. It would have been
obvious to a person having ordinary skill in the art
to utilize the magnets of Johnson in the device of
Namisniak ‘160 to provide an easier to use marker
system.
The markers of Johnson include a variety of colors
and shapes.
Rather than reiterate the examiner's further comments
regarding the above-noted rejection and the conflicting
viewpoints advanced by the examiner and appellants regarding
the rejection, we make reference to the examiner's answer
(Paper No. 10, mailed September 18, 2000) for the reasoning in
support of the rejection, and to appellants’ brief (Paper No.
9, filed September 11, 2000) for the arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to appellants’ specification and claims,
to the applied prior art references, and to the respective
positions articulated by appellants and the examiner. As a
consequence of
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