Appeal No. 97-3347
Application No. 08/302,864
present application, it is apparent to this panel of the
board, from our collective assessment of the teachings of
Sibley and James, that the now claimed invention would not
have been obvious to one having ordinary skill in the art.
It is our opinion that, at best, the references would have
been suggestive of inserting a photograph with a blended
border C, as taught by James, into a
pocket of the photoalbum leaf 10 of Sibley. Of course, this
would not have effected the particular mask expressly defined
in claim 1. A review of the patent to Blegen indicates to us
that it does not overcome the deficiencies of the Sibley and
James patents. Since the examiner’s evidence does not support
a conclusion of obviousness relative to the claimed subject
matter, we are constrained to reverse each of the rejections
on appeal.
NEW GROUND OF REJECTION
Under the authority of 37 CFR § 1.196(b), this panel of
the board introduces the following new ground of rejection.
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007