Appeal No. 96-2712
Application 08/313,548
the examiner is of the opinion that it would have been obvious to
one of ordinary skill in the art at the time the invention was
made to eliminate the closed slits (18) and resulting pockets
since it has been held that the elimination of an
element and its function in a combination where the
remaining elements perform the same functions as before
involves only routine skill in the art. In re Karlson,
136 USPQ 184. (answer, page 4).
The examiner is also of the view that it would have been
obvious to one of ordinary skill in the art to make Jory's
pockets (formed by slits 20) L-shaped, as taught by Coit, because
such a modification is considered to be an obvious matter of
design.
Applying the test for obviousness set forth in In re Keller,
642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981), which is what the
combined teachings of the applied references would have suggested
to those of ordinary skill in the art, it is our conclusion that
the artisan, armed with the disclosures of Jory and Coit, would
have found it obvious to eliminate the slits (18) adjacent the side
of the card (14) where the flap (66) is located and the function
13
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