Ex parte MELCHER - Page 18




          Appeal No. 97-0695                                                          
          Application No. 08/273,466                                                  


                    within the pad to prevent removal of the handle from              
                    the pad without tearing the pad.                                  



               The appellants argue (brief, pp. 20-22) that neither                   
          cited reference discloses barbs formed by making a plurality                
          of slits wherein the slits extend a first distance equal to at              
          least 3 percent of a second distance through the handle.  The               
          second distance being the distance through the handle in a                  
          direction perpendicular to the longitudinal axis with the                   
          first distance extending at an angle to the longitudinal axis               
          so that the barbs extend outwardly and rearwardly.  We find                 
          this argument unconvincing for the following reasons.  First,               
          as stated above, nonobviousness cannot be established by                    
          attacking the references individually when the rejection is                 
          predicated upon a combination of prior art disclosures.                     
          Secondly, we agree with the examiner's determination (answer,               
          p. 6) that the recited dimensional limitations are matters of               
          design choice lacking any criticality since they solve no                   
          stated problem especially since the appellants have not                     
          contested otherwise.  Lastly, the combination of Janssen and                
          Ager, as modified above with respect to claims 3 and 5, would               
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