Appeal No. 96-1511 Application 08/063,919 established by the appellant as solving a stated problem or presenting a novel or unexpected result (see In re Kuhle, 526 F.2d 553, 555, 188 USPQ 7, 8-9 (CCPA 1975)) and would serve Copell’s objective of adapting the holder device to receive oval- shaped articles. Claim 10 is rejected under 35 U.S.C. § 103 as being unpatentable over Copell in view of Engvall, and further in view of Frank. The Copell holder device as modified in view of Engvall does not meet the limitation in claim 10 requiring that each wing portion uniformly taper from the base portion to its free wing edge. Frank discloses a holder device for articles such as electronic components. The device is made of a resilient material and includes a body or base portion 16 and two arms or wing portions 22 extending upwardly from the body portion to receive the article. As shown in Figure 2, the arms or wing portions taper from the body portion to their free edges. It would have been obvious to one of ordinary skill in the art in view of Frank to so taper the wing portions of the Copell holder device as modified in view of Engvall, thereby arriving at 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007