Appeal No. 97-4177
Application No. 08/502,276
replace the single flexible strap between the two
joists with two separate flexible strap lengths
between the two joists connected at a connection
point therebetween as taught by Paine in order to
provide secure bracing between two joists which
provides more versatility by being able to shorten
or lengthen the bridging as needed and which
simplifies installation because the worker would not
be required to manage an awkward and bulky bundle of
the flexible strapping. Further, it would be [sic,
have been] obvious that the connection of Paine is
not appropriate for use with strapping, but
connection means for strapping are well known in the
art and RAPZ teaches a common connection means for
strapping, i.e. with a tensioner or sealer. It
would be [sic, have been] obvious to one with
ordinary skill in the art to utilize a connection
means known and commonly used for strapping, such as
taught by RAPZ, in order to adequately secure the
two piece flexible strapping of Powell/Paine with a
connection means conducive to the material of
strapping. [Answer, pages 4 and 5.]
We will not support the examiner's position. The mere
fact that (a) two separate flexible strap lengths between two
joists would provide "more versatility by being able to
shorten or lengthen the bridging" and (b) a connection means
is "commonly used" in order to connect the ends of tensioned
straps does not serve as a proper motivation for combining the
teachings of Powell, Paine and RAPZ in the manner proposed as
the examiner apparently believes. Instead, it is well settled
that it is the teachings of the prior art taken as a whole
which must provide the motivation or suggestion to combine the
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Last modified: November 3, 2007