Ex Parte Shermer et al - Page 7

               Appeal 2007-3147                                                                             
               Application 10/072,435                                                                       

               could be separated when worn, leaving a different configuration                              
               (exemplified as a quarter, half, or three-quarter size) of the body portion to               
               be subsequently used.  Accordingly, we determine that one of ordinary skill                  
               in this art would have used regions of weakened material (score lines or                     
               perforations) in a full-size sandpaper sheet to alter the configuration of the               
               sheet to match any conventional quarter, third, or half-size sanding machine                 
               (and the corresponding platen).  As further evidence of this determination,                  
               Pearce discloses sandpaper that can be used with different models of sanding                 
               machines, and teaches that full-size sheets may have separable or frangible                  
               perforated delineations that divide the sheet so that it can be configured to fit            
               on the conventional quarter, third, or half-size sanding machines (see Factual               
               Findings (5) and (6) listed above and Fig. 4 of Pearce).                                     
                      For the foregoing reasons and those stated in the Answer, we                          
               determine that the configurations of both the body and tip portions would                    
               have been reasonably suggested to one of ordinary skill in this art by the                   
               applied prior art.  Therefore, we AFFIRM both grounds of rejection present                   
               in this appeal.  The decision of the Examiner is affirmed.                                   
                      No time period for taking any subsequent action in connection with                    
               this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).                               
                                                  AFFIRMED                                                  

               cam                                                                                          






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