Ex parte TOHILL et al. - Page 5




          Appeal No. 98-0459                                                            
          Application 08/658,719                                                        


          22 along with one or more bottles 18 of contact lens solutions                
          (Figs. 1, 3, and 4) on a base 14.  The base with the                          
          aforementioned components is stored within a storage box.                     
          Accordingly, Jessen reveals to us an absence of at least one                  
          additional lens storage compartment exterior of the storage box               
          (main storage compartment), as now claimed.                                   

               Nathan (Fig. 10) is fairly viewed as simply teaching an                  
          arrangement of one pair of externally mounted lens cases.                     

               Collectively assessed, it is at once apparent to us that the             
          references described, supra, simply do not address and would not              
          have been suggestive of the now claimed contact lens storage                  
          compartment having at least one additional lens storage                       
          compartment “exterior” to the covered main storage compartment.               
          As to the disclosure of the Artz patent, it clearly does not                  
          overcome the deficiencies of the Jessen, Cuppari, and Nathan                  
          patents. Since the evidence of obviousness before us lacks a                  
          suggestion for the claimed invention, the rejections of                       
          appellants’ claims are appropriately reversed.                                






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