Appeal No. 95-2768
Application 08/019,700
in position.
It is fundamental that in considering the disclosure of a
reference, not only its specific teachings, but also the
reasonable inferences which one skilled in the art would
logically draw therefrom, are considered. In re Shepard, 319
F.2d 194, 197, 138 USPQ 148, 150 (CCPA 1963). Here, the examiner
recognizes that Kamaya does not disclose straps which extend
upwardly from, or away from, the base of cradle 3, but states
that (supp. ex. ans., page 6):
the drawings [of Kamaya] are considered to
show the construction, thickness, and shape
of the support to conclude that the strap
portion will extent [sic] upward in the same
manner as appellant’s device in view of their
similarity of shape.
We disagree with this conclusion. Just because Kamaya’s straps
may look the same as appellants’ straps would look when in the
fastened position (Fig. 4), it does not necessarily follow that
they would extend upwardly away from the base when unfastened.
The only drawing of Kamaya which shows the straps is Fig. 1, with
the straps in their fastened position, and we see nothing therein
which would indicate that the straps would extend away from the
base of the carrier 3 when in their unfastened position. In
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