Appeal No. 97-0972
Application 08/399,571
weight and may not be disregarded in evaluating the patentability
of the claims (see, e.g., Ex parte Bylund, 217 USPQ 492, 498 (Bd.
App. 1981)).
As to the examiner’s contention that the device of Devney
could be used to extend between an armrest assembly and a seat
member, Devney’s invention is stated to relate
to advertising sign hangers, and has for its principal
object to provide simple means for the quick attachment
of advertising signs to door-knobs and the like, which
means will prevent the easy detachment of the sign by a
breeze and consequent loss of the same, but will allow
ready removal by a person. [Lines 9-16; emphasis ours.]
Devney’s advertising sign is thereafter described as being
constructed of “resilient material, such as celluloid, card
board, or paper” (lines 55 and 56). It is readily apparent from
the above description that the sign hanger of Devney is made of a
resilient material which is light-weight enough to be blown away
by a breeze. This sign hanger is also depicted in the various
cross-sectional views of Devney as being very thin in thickness.
Considering Devney’s disclosure as a whole, we do not
believe that there is a reasonable basis to include that the sign
hanger disclosed therein has sufficient strength and rigidity so
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