Appeal Number: 2006-1684
Application Number: 10/341,038
Hall, we note that Hall discloses at least a buckle to fasten
the strap G. See Hall at line 50. We note that Varn fastens
his straps by hook-and-loop fasteners. It would have been
obvious to replace at least one of the hook-and-loop fasteners
of Varn with a buckle as disclosed by Hall to insure a more
secure fastening of the orthosis of Varn. Note that as long as
some motivation or suggestion to combine the references is
provided by the prior art taken as a whole, the law does not
require that the references be combined for the reasons
contemplated by the inventor. In re Beattie, 24 USPQ2d 1040,
1042 (Fed. Cir. 1992) citing In re Kronig, 539 F.2d 1300, 1304,
190 USPQ 425, 427-28 (CCPA 1976); In re Lintner, 458 F.2d 1013,
1016, 173 USPQ 560, 562 (CCPA 1972). Thus, it is our legal
conclusion that claim 20 is unpatentable under section 103 as
obvious over Varn and Hall.
In Summary, the rejections of claims 1-10 and 20 are
affirmed. The rejections of claims 11-19 are reversed.
6
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: September 9, 2013