Ex Parte Mossbeck et al - Page 5




          Appeal No. 2004-1317                                                        
          Application No. 10/143,377                                                  


          manufacturing spring units for mattresses, as disclosed by                  
          Kelly et al., for reducing space, shipping, and storing problems            
          (column 1, lines 9-12)" (page 4 of Answer, second paragraph).               
          Moreover, from a somewhat different perspective, we find that it            
          would have been obvious for one of ordinary skill in the art,               
          based on the Kelly teaching, to secure insulator material on the            
          spring units of the prior art before the admittedly known step of           
          roll-packing.                                                               
               As for the specific securing elements of separately argued             
          claims 13, 14, 15 and 24, the examiner has taken official notice            
          that the claimed taping, extruding, hog ringing and application             
          of C-shaped securing elements are well-known securing techniques.           
          Appellants have not refuted this finding of the examiner but only           
          urge that Kelly does not expressly disclose such securing means.            
          Appellants make no argument that the claimed securing means were            
          unknown in the art, nor have appellants articulated why one of              
          ordinary skill in the art would have found it nonobvious to                 
          employ the recited means for securing the insulator material to             
          the spring units.  In our view, the examiner has properly cited             
          Kelly at column 1, lines 27-30 and column 3, lines 53-63 as                 
          evidence that it would have been obvious for one of ordinary                
          skill in the art to select the particular securing elements                 


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