Ex parte WILKES - Page 9




          Appeal No. 1997-4353                                                        
          Application No. 08/390,102                                                  


          strip positioned on an edge region” of the central portion of               
          the flat unitary structure or that there is any adhesive on                 
          the central portion of the structure.  While Dale discloses                 
          glue strips along a central portion of the covering, these                  
          epoxy glue strips are meant for more permanent affixation.  It              
          is true that the instant claims do not specify the temporary                
          nature of the adhesive and so the epoxy glue of Dale would                  
          appear to meet the claimed limitation of an “adhesive means                 
          for securing at least a portion of said central                             
          portion...comprising an adhesive coated strip positioned on an              
          edge region of said central portion.”  However, there would                 
          have been no reason for the artisan to modify O’Connor, which               
          teaches an adhesive around the mouthpiece and earpiece of the               
          handset, to include an epoxy on edge regions of a central                   
          region which, in O’Connor, would be along the edges of                      
          interconnecting member 40.                                                  
               In any event, since we find no cogent reason for                       
          combining O’Connor and Dale and we find that even if combined,              
          the instant claimed invention would not be had, we will not                 
          sustain the examiner’s rejection of claims 1 through 5 and 8                
          through 11 under 35 U.S.C. § 103.                                           
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