Appeal No. 96-3032
Application No. 08/321,392
presumed on the part of those practicing in the art. See In
re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir.
1985). With these principles in mind we note that, although
Murray only states that his mounting corner may be constructed
“from any suitable material” (lines 54 and 55), Murray's
mounting corner is provided with a relatively large stick pin
15 on the rear surface thereof and is intended to mount a
picture (which includes a “glass covering” - see lines 71-72)
on a wall of a structure (see line 57). Therefore, we
perceive that the artisan as a matter of common sense would
make Murray’s mounting corner of a relatively thick, rigid
material so as to provide adequate support for the
transmission of the force created by the relatively heavy
glass-covered picture to the wall via the stick pin 15. While
the appellants have attempted to distinguish the decisions in
Jacoby, Bozek and Sovish based upon their particular fact
situations, we are of the opinion that the principles set
forth therein are equally applicable to the instant fact
situation.
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