Appeal 2007-1179
Application 10/399,984
easily severed into such lengths and widths as desired” (italics added).
Furthermore, see Sizemore, col. 2, ll. 25-27, where it is taught that the
“configuration [of the tape] may be square, rectangular, elongated or the like
and may vary in size, depending on the number of rows of perforations
embraced. [Italics added].” We also note the example of Sizemore to an
eye patch (col. 2, l. 35).
We determine that the Examiner has made explicit the analysis
supporting obviousness (Answer 5 and 8-9). We determine that the
references themselves present sufficient reasons for their combination. We
determine that Gueret teaches that the patches are cut into any shape
necessary to fit on various parts of the face (see factual finding (1) listed
above, specifically at col. 9, ll. 6-17). We also determine that Sizemore
teaches use of perforations (or “weakened lines”) in a flexible sheet “which
permits easy, accurate and uniform severance of portions thereof without the
use of any measuring devices, special cutting devices or the like” (col. 1, ll.
40-45; see factual finding (2) listed above). Therefore, we determine that it
would have been well within the ordinary skill in this art to employ the
perforations of Sizemore with the patches of Gueret to avoid the use of
cutting devices and permit easy and accurate severance of portions of the
mask or patch to fit a particular region of the face or body.
For the foregoing reasons and those stated in the Answer, we affirm
all grounds of rejection presented in this appeal.
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