Ex parte BERGER - Page 11




          Appeal No. 95-4134                                                          
          Application 08/099,090                                                      



          As for the examiner's rejection of claims 13 through 16                     
          under § 103 as being unpatentable over Bisberg, we note that                
          these claims each ultimately depend from independent claim 1,               
          and                                                                         


          thus include all the limitations thereof.  Accordingly, it                  
          follows from our determinations above that these dependent                  
          claims would not have been obvious to one of ordinary skill in              
          the art based on the teachings of Bisberg alone, since Bisberg              
          has no "holder means" like that required in independent claim               
          1 on appeal, and certainly no teaching or suggestion of such a              
          "holder means" that also includes a book as set forth in                    
          dependent claim 13 and the claims which depend therefrom.                   
          Accordingly, we will not sustain the examiner's rejection of                
          dependent claims 13 through 16 under 35 U.S.C. § 103.                       

          We next consider the examiner's rejections under § 103                      
          wherein Garnier, Woodriff and Loudon are the primary                        

          of Customs and Patent Appeals, and the U.S. Claims Court as noted below.  See,
          In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997),
          Twin Disc, Inc. v. U.S., 231 USPQ 417, 424 (Cl. Ct. 1986); and In re Self, 671
          F.2d 1344, 1350, 213 USPQ 1, 7 (CCPA 1982).                                 

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