Ex Parte Morgan - Page 11




          Appeal No. 2003-1234                                                         
          Application 09/755,519                                                       


               We agree with the examiner that there is no nexus between               
          the statements and the merits of the claimed subject matter and              
          that "the quotes and endorsements submitted by applicant ... are             
          predominantly directed to the benefits of the hand stamp per se              
          and not necessarily the particular note taking method requiring              
          all of the specific steps as recited by applicant in the claim               
          (for example, stamping with one hand while writing with the                  
          other)" (EA9).  The statements relate to the general benefits of             
          using the benzene stamp in note taking, but none of the comments             
          discuss that the particular claimed steps of taking notes with a             
          benzene stamp are unique or nonobvious, as required to establish             
          a nexus.  We also find that the statements are not persuasive                
          because they do not indicate any familiarity with the most                   
          pertinent prior art to Eckels.  That is, the persons may not have            
          had the same praise if they were aware of the benzene stamp in               
          Eckels for use in chemical writing.  Lastly, we agree with the               
          examiner that the evidence of obviousness is strong and is not               
          overcome by the objective evidence.                                          










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