Ex parte TATE et al. - Page 11




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


               Although the appellants note that neither Murray nor                   
          Taylor teach triangularly-shaped magnetic material (claims 2                
          and 10) or magnetic material "approximately the size of" the                
          triangularly-shaped rear member (claim 18), they do not appear              
          to dispute the above-noted position of the examiner that the                
          "specific shape of the magnets . . . is considered to be the                
          work of a skillful mechanics [sic, mechanic]; further no                    
          advantage but for aesthetic [purposes] is seen in making the                
          magnets elongated, triangular, square, etc."  In any event,                 
          the above-noted statement by Taylor in lines 6-9 of column 3                
          that the flexible magnetic means is adhered to the "bottom" of              
          the irregularly-shaped display articles 16 and the showing in               
          Fig. 4 that the entire bottom or rear surface of the display                
          article 16 is provided with the flexible magnetic means 17,                 
          would have fairly suggested to the artisan (when substituting               
          a magnetic-type securing means as taught by Taylor for the                  
          pin-type securing means of Murray) to provide the magnetic-                 
          type securing means over the entire triangularly-shaped rear                
          surface of Murray's holder, thus making the magnetic-type                   
          securing means triangular in shape.  Moreover, we are of the                
          opinion that one of ordinary skill in this art, when providing              
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