Appeal No. 95-3406
Application 07/940,016
described in the paragraph spanning pages 7 and 8 of Stiso and,
as the examiner has asserted, provide response to appellant’s
claimed “means for engaging" defined on the respective top and
bottom members as recited in appealed claim 6. Accordingly,
it is our conclusion that the casing of Stiso includes every
element recited in appealed claim 6, and we shall thus sustain
the examiner's rejection of appealed claim 6 under 35 U.S.C.
§ 102(b).
Moreover, with respect to the rejection of appealed claim 9
under 35 U.S.C. § 103 based on Stiso, as noted above, the two
longitudinal sides defining the second opening 54 bear indicia as
depicted in Figures 1, 2 and 4, and it is clear that these
indicia are related to the results revealed by the test strip 24.
Whether the indicia are formed as numbers, as depicted by Stiso,
or whether any of the indicia is formed as an arrow would have
been an obvious matter of choice in design dictated by the
information desired to be conveyed to the user. We note that
the obviousness question cannot be approached on the basis that
skilled artisans would only know what they read in the
references; such artisans must be presumed to know something
6
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