Appeal No. 97-0374
Application 08/310,493
Murphy triangular would have been an obvious matter of design
choice to one of ordinary skill in the art. In this regard,
we must agree with the examiner.
The triangular shape of the recesses and the posts in
appellant’s invention is apparently merely a preferred shape
used instead of the square shape of those same items in
Murphy, but, like the examiner, it is our opinion that a
triangular shape
would have been an obvious matter of design choice to one of
ordinary skill in the art given the fact that appellant’s
specification provides no indication that the shape in
question
solves any stated problem or provides any unexpected result.
Thus, we consider that the recitations regarding the shape of
the
recesses in the ends of the pillars and of the posts in the
claims on appeal do not serve to patentably distinguish the
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