Appeal No. 97-1977
Application 07/970,862
hidden location "are inherent from the disclosure." In this
regard, the examiner has also indicated (answer, page 3) that
[t]he removing and opening of the holder
of Williams is considered to be done in
a “single maneuver” to the extent this is
defined in the claims as the Williams device
is closed by loop and hook fasteners which
allow easy opening of the holder.
The examiner next discusses the Connell patent, urging
that it discloses another type of holder, specifically one used
by a skier, wherein a ski trail map may be placed in the holder
in order that it may be viewed from time to time. Based on the
collective teachings of Williams and Connell, the examiner
concludes that
[i]t would have been obvious [to one of
ordinary skill in the art] to place a ski map
in the transparent pocket (40) of Williams in
view of the teachings of Connell et al. in
order for the active person to view a ski map
from time to time (answer, pages 3-4).
After reviewing the applied Williams and Connell
patents and the respective positions of the examiner and
appellant, we must agree with appellant's position that the
examiner has failed to establish a prima facie case of
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