Ex parte MOORMAN - Page 6




          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                



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