Appeal No. 97-2712
Application 08/285,349
to one having ordinary skill in the art to replace the tearable
single strip configuration of Chadwick (Figure 3) with a known
alternative tearable multiple strip configuration, as disclosed
by the French Patent. As we see it, the motivation for this
modification on the part of one having ordinary skill in the art
would have simply been to obtain the self-evident benefit of
being able to selectively remove one strip at a time rather than
having a single strip dangling down as it is progressively torn
from the remaining portion thereof. The subject matter of
dependent claims 2, 4, and 5 would be addressed by the modified8
nestable protector of Chadwick. As to the recitation of
injection molding (claims 3 and 9) and plastic (claim 9), we view
7(...continued)
something about the art apart from what the references disclose.
See In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319 (CCPA
1962). Further, a conclusion of obviousness may be made from
common knowledge and common sense of the person of ordinary skill
in the art without any specific hint or suggestion in a
particular reference. See In re Bozek, 416 F.2d 1385, 1390, 163
USPQ 545, 549 (CCPA 1969).
8While we have determined that claim 4 is indefinite,
supra, we apply prior art thereto since we understand the claim
to the extent that it does require one or more supplementary
scoreline means, a feature clearly shown in the French Patent.
8
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