Appeal No. 97-3187
Application No. 07/999,422
the generic claims as in In re Van Ornum, supra and In re
Schneller, supra.
Pending claim 6
Pending dependent claim 6 adds the limitation to parent
claim 5 that the wire filament is positioned along the bottom
face of the web.
It is our opinion that it would have been obvious to one
of ordinary skill in the art to position the wire filament of
claim 7 from U.S. Patent No. 4,901,661 on the bottom face of
the ribbon since the placement of the wire filament on either
the top or bottom face of the ribbon is a matter of designer's
choice since claimed relationship does not solve a stated
problem or yield an unexpected result. See In re Kuhle, 526
F.2d 553, 555, 188 USPQ 7, 9 (CCPA 1975).
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1, 2, 5 and 6 under 35 U.S.C. § 251 is reversed; and a
new rejection of claims 1, 2, 5 and 6 for obviousness-type
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