Appeal No. 2006-0813
Reexamination Control No. 90/006,235
Roberts also teaches that the dimensions of the table, cabinet, and compartments may be
varied. Roberts, col. 5, ll. 5-14. We also take official notice that the use of partitions
between drawers is ubiquitous and in our view part of the common knowledge of anyone
who is familiar with, makes or uses cabinets or carts having drawers. Roberts’ table and
cabinet are said to be particularly designed for fly tying hobbyists.
Analogous Art
Appellant argues that the references are from non-analogous arts. Appeal Brief, p.
13.
With respect to McLaughlin and Marder, this is simply incorrect. Both references
relate to carts for dispensing medicine. They are clearly from the same field of endeavor.
With respect to Roberts, we hold that Roberts is analogous art since it addresses one of
the same problems addressed by the appellan. While appellant’s specification is silent as
to the problem addressed by the use of partitions, we find that an implicit problem
addressed by the McDonald patent is how to support drawers that do not span the full
length of the cabinet. One having ordinary skill would look to the general cabinet art to find
the solution to this problem. As we indicated the use of partitions to support drawers which
do not extend to the full width of the cabinet is well known in the cabinet art. Roberts is an
example.
Motivation to combine teachings
McLaughlin teaches that both the number and size of drawers and the storage
compartments within drawers may be configured to meet the needs of the particular user.
McLaughlin, col. 5, l. 62 - col. 6, l. 2. Neither McLaughlin nor Marder appears to disclose
partitions between drawers. However, the use of partitions in conjunction with drawers is
ubiquitous and well known in the arts related to cabinetry including drawers. The use of
such partitions is exemplified by Roberts’ cabinet showing partitions between drawers. We
find that the use of partitions between drawers would have been a known expedient and
alternative for supporting cabinet drawers which do not extend the full length of the cabinet
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