Appeal No. 97-2780 Application 08/456,109 The following references are relied upon by the examiner as evidence of obviousness in support of his rejection under 35 U.S.C. § 103: Kelling 3,073,661 Jan. 15, 1963 Alton 4,955,485 Sep. 11, 1990 Claims 1 through 6 stand rejected under 35 U.S.C. § 103 as being unpatentable over Alton in view of Kelling. According to the examiner’s findings (see pages 3-4 of the answer), Alton discloses a display base having a plurality of cavities for displaying baseballs or other items. Based upon his analysis of the scope and content of the Alton reference, the examiner concedes that Alton lacks a teaching of labels on the base (see page 3 of the answer) and, also, a teaching of forming the displayed items or objects from a soft, foam resilient material as called for in appealed claim 1 (see pages 4-5 of the answer). With regard to the difference pertaining to the labels, the examiner concludes that the teachings of Kelling would have made it obvious “to modify Alton by attaching labels to 3Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007