Ex parte TATE et al. - Page 7




          Appeal No. 96-3032                                                          
          Application No. 08/321,392                                                  


          the manner proposed by the examiner.  This is particularly the              
          case, in the appellants' view, because Murray "cannot possibly              
          represent a proper and sufficient basic reference" (brief,                  
          page 18) since  (1) the corners are not constructed of a                    
          relatively thick, rigid material, (2) there is no mention                   
          therein of magnetic material, much less triangularly-shaped                 
          magnetic material, (3) the sole mounting means disclosed is a               
          stick pin 15, (4) there is no mention therein of mounting to a              
          ferrous surface and (5) it is improper to "endeavor to impute               
          a supposed purpose of the secondary reference, the Taylor                   
          patent, into a device (Murray) that clearly is quite unable to              
          utilize same" (brief, page 22).  It is also the appellants'                 
          contention that "the Taylor patent teaches magnetic material                
          only in the configuration of an elongate strip 13 that has                  
          been sandwiched between pieces of sheet material" (brief, page              
          20).                                                                        
               We are unpersuaded by the appellants' arguments.  First,               
          we observe that the appellants' contentions regarding the                   
          teachings of Taylor are simply factually incorrect.  That is,               
          while Taylor does teach an elongate strip of magnetic material              


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