Ex Parte Herrera et al - Page 3

                Appeal 2007-0705                                                                              
                Application 10/431,127                                                                        

                a snap fastener, such as in the frame of Reibold; an adhesive, such as used                   
                by Artwick; a screw fastener; a velcro hook and loop fastener; and a clip                     
                fastener (id. 4 and 7-8, citing Vaghi, col. 15, l. 62, to col. 16, ll. 45).  The              
                Examiner contends Gillespie discloses a flexible magnetic strip with                          
                magnetic particles as an alternative fastener to hook and loop fasteners and                  
                adhesive material for holding a cover layer on a floor covering substrate                     
                which can be easily installed and removed (id. 4-5 and 8, citing Gillespie,                   
                Abstract, col. 3, ll. 1-50, and 431A-B of Fig. 1).  The Examiner contends                     
                Vela discloses flexible magnetic substrates removably affixed to various                      
                substrates which are easily installed and removed (id. 5 and 9, citing Vela,                  
                Abstract and ¶ 0019).                                                                         
                      The Examiner determines it would have been prima facie obvious to                       
                one of ordinary skill in the art to substitute a magnetic strip fastener for                  
                Reibold’s frame and Artwick’s adhesive to provide an easily removable bath                    
                scale mat in view of the teachings of Vaghi, Gillespie and Vela (Answer 5-                    
                6).  In this respect, the Examiner contends the references evince “the general                
                solution of using magnets to provide for removable elements in the scale art                  
                and removable cover layers in the related protective floor surface covering                   
                layers was known to one of ordinrary skill in the art” (id. 8).  Thus, the                    
                Examiner concludes one of ordinary skill in the art would have combined                       
                the references which would have led to the claimed invention, citing In re                    
                Kahn, 441 F.3d 977, 987, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006) (Answer                        
                6-9).                                                                                         
                      Appellants contend each of Reibold and Artwick have a particular                        
                manner in which the mat is attached to the scales and do not provide                          


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