Ex Parte Herrera et al - Page 5

                Appeal 2007-0705                                                                              
                Application 10/431,127                                                                        

                      We agree with the Examiner’s findings of fact for each of the applied                   
                references to which we add the following.  Reibold includes snap fasteners                    
                on the frame for easy assembly and removal (Reibold, e.g., col. 1, ll. 40-44).                
                Vaghi’s Figs. 28(a)-(g) illustrate the different fasteners for securing the                   
                weighting system comprising an electronic scale to the back of a flat panel                   
                display in a manner to permit its removal from the display (Vaghi, e.g., col.                 
                3, ll. 8-10, col. 14, l. 48, to col. 16, l. 45, and Figs. 25 to Fig, 28(g)).                  
                Gillespie discloses magnetic material, hook and loop, adhesive material, and                  
                “other type of fasteners” to removably couple the advertising medium to the                   
                mat (Gillespie, e.g., col. 1, l. 46, to col. 2, l. 3, col. 4, ll. 8-64, and Figs. 1-3).       
                      We determine the combined teachings of Artwick, Reibold, Vaghi,                         
                Gillespie, and Vela, the scope of which we determined above, provide                          
                convincing evidence supporting the Examiner’s case that the claimed                           
                invention encompassed by claim 1, as we interpreted this claim above,                         
                would have been prima facie obviousness of to one of ordinary skill in the                    
                arts familiar with the removable attachment of mats and other materials to                    
                substrates with a variety of fasteners.                                                       
                      Contrary to Appellants’ contentions, the Examiner has established that                  
                one of ordinary skill in the art would have been aware of a variety of                        
                fasteners for removably attaching one substrate to another as evinced by                      
                Vaghi and Gillespie, and would have substituted one of these alternative                      
                equivalent fasteners for another where the substitution would predictably                     
                result in a removable attachment appropriate for the substrate.  In this                      
                respect, this person could have reasonably selected a flexible magnetic                       
                material from among those suggested by Vaghi and Gillespie for removably                      


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