Ex parte JOHNSON et al. - Page 2




          Appeal No. 98-0409                                                          
          Application 08/420,480                                                      


               We AFFIRM-IN-PART.                                                     


               The appellants' invention pertains to a cartridge holder               
          system and apparatus.  Independent claims 1, 10 and 15 are                  
          further illustrative of the appealed subject matter and copies              
          thereof may be found in the appendix to the brief.                          
               The references relied on by the examiner are:                          
          Goss                          162,055             Apr. 13, 1875             
          Benwald                  3,668,802           June 13, 1972                  
          Peckels et al. (Peckels)  5,186,326          Feb. 16, 1993                  
               Claims 1-3, 5, 7, 9-11 and 14 stand rejected under 35                  
          U.S.C. § 103 as being unpatentable over Goss.  According to                 
          the examiner:                                                               
               Goss discloses a holder system including a rack portion                
          (A and P), a plurality of rigid receivers (D), and a                        
               cooperating sliding engagement member (B, i, i).                       
               The belt portion A provides the flexible integral                      
               border portion while the portion P provides the                        
               centrally positioned segment.  Goss does not                           
               disclose the device as being made of plastic.                          
               Official notice is given that plastic material is                      
               widely used in place of leather and metal for                          
               allowing molding of parts and cheaper costs and can                    
               be made thin and flexible or thick and rigid.  It                      
               would have been obvious to make the device of Goss                     
               from plastic for allowing molding of parts and                         
               cheaper costs.  The cartridge receiver is removable                    
               and replaceable from the rack portion in the                           
               opposite manner in which they are assembled.                           
               Regarding claims 2, 20, and 11, the segments as                        
                                          2                                           





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