Ex Parte Miles - Page 10

               Appeal 2006-2714                                                                            
               Application 10/228,898                                                                      
               ordinary skill in the art would have been motivated to replace the seemingly                
               simple and self-aligning securement arrangement of Matechuk’s pad 10 to                     
               carrier 20 with a hook and loop fastening arrangement.  Likewise, for the                   
               reasons cited by Appellant (Br. 10), a hook and loop securement would not                   
               have been an obvious replacement for or accompaniment to either the                         
               frictional engagement between resilient sanding block 10 and end portions                   
               50 of attachment body 46 under pressure caused by the block’s resilience                    
               (Matechuk, col. 4, ll. 39-58) or the air-tight seal formed by butting of front              
               edges of side walls 54 of central portion 48 of attachment body 46 against                  
               the resilient hypotenuse surface 18 of block 10 (Matechuk, col. 4, ll. 59-66).              
               Matechuk utilizes the resilience of the sanding block 10 to advantage in                    
               creating a rectangular, air-tight, air receiving plenum chamber for the                     
               vacuum attachment of the sanding device and hook and loop fasteners would                   
               not appear to facilitate, and in fact would appear to hinder, such an                       
               arrangement.                                                                                
                      In light of the above, we conclude that the Examiner erred in rejecting              
               claim 5, and claims 6-9 depending from claim 5, as unpatentable over                        
               Matechuk in view of any of Loveless, Takizawa, and Sims.  The rejection is                  
               reversed.                                                                                   











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