Appeal No. 97-4096
Application 08/566,008
one article in the user’s pocket that contains both a credit
card
and money in the clip. The claimed subject matter can be
considered in more detail by reference to the appealed claims
appended to the appellant’s brief.
The references of record relied upon as evidence of
obviousness are:
Barnes 4,937,963 July 3,
1990
Hoyt 5,184,375 Feb.
9, 1993
THE REJECTION
The examiner has rejected claims 1 through 16 under
35 U.S.C. § 103 as unpatentable over Hoyt in view of Barnes.
The examiner states the rejection thusly:
Hoyt teaches a clip comprising flat portion 12
having top and bottom edges and top and back
surfaces and clip portion 14 (Fig. 2) formed along
the top edge and engaging the top surface at tip 34.
Clip 14 is attached to the “data portion” 12 at edge
16 to form an integral unit. The device is made
from ABS plastic (col. 2, lines 50-52).
Hoyt does not teach a data encoded element in
the device, however, this is well known in the art.
Barnes teaches a holder including magnetic strip 29
on a flap thereof (col. 2, lines 57-60). It would
have been obvious to a person having ordinary skill
2
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