Ex Parte Martin et al - Page 8



        Appeal No. 2006-0983                                                          
        Application No. 09/793,057                                                    

        desirability of providing a skin-friendly fastening system (col.              
        13) and the specific disclosure therein of using softer resins to             
        form the prongs or hooks of the fastener system (col. 13, lines 47-           
        48 and col. 15, lines 18-28), we find the examiner’s conclusion of            
        obviousness to be well founded.  In our opinion, it would have been           
        obvious to one of ordinary skill in the art at the time appellants’           
        invention was made, based on the collective teachings Goulait and             
        Tachauer, to form at least the hook backing and a portion of each             
        of the hooks in Goulait in the manner taught in Tachauer (Fig. 5D)            
        so as to obtain a skin-friendly fastener of the type generally                
        desired by both of the applied references.  Moreover, we note that            
        the embodiment of Figure 5D in Tachauer would appear to anticipate            
        the hook component set forth in claim 31 on appeal.                           

        For the above reasons, we will sustain the examiner’s                         
        rejection of claim 31 under 35 U.S.C. § 103(a) as being                       
        unpatentable over Goulait in view of Tachauer.  Given appellants’             
        lack of argument of any of dependent claims 32 through 47, we                 
        conclude that those claims will fall with claim 31. Thus, the                 
        examiner’s rejection of claims 31 through 47 under 35 U.S.C.                  
        § 103(a) is sustained.                                                        

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