Appeal No. 1998-0566
Application No. 08/396,005
evidence has been presented that would support a conclusion
that the Kanzelberger plate cannot be manufactured by
injection molding, as is described with regard to the present
invention. It therefore is our opinion that Kanzelberger
discloses “a solid and unitary badge size block of plastic” to
the same extent that such is disclosed in the appellant’s
application. With regard to this conclusion, we point out
that there is no factual basis to support the appellant’s
statement that the Kanzelberger plate is “too thin to support
itself” and therefore a pin back cannot be attached to it
(Brief, page 9), noting that it is not plastic plate 24 whose
thickness is “little more than a thick piece of paper,” but
the combined thickness of items 28 and 32, which are bonded to
the surface of plate 24 (column 5, line 5).
The combined teachings of Kanzelberger and Rader
establish a prima facie case of obviousness with respect to
the subject matter recited in claim 11, and we will sustain
the rejection.
Claims 12 and 13, which depend from claim 11, stand
rejected on the basis of Kanzelberger and Rader, taken further
12
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007