Appeal No. 98-1193
Application No. 08/448,687
in the form of measuring scales along its opposite edges, in
centimeters along one edge and in inches along the other.
Therefore, Jansen does disclose two “sets” of marks along
opposite edges of a strap and with each set having marks at
spaced intervals different than the other. However, they are,
in essence, merely duplicates of one another in different
languages, and are not in the context of, or for the purpose
of, the sets of marks in the claimed invention. Be that as it
may, the mere fact that the prior art structure could be
modified does not make such a modification obvious unless the
prior art suggests the desirability of doing so. See In re
Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir.
1984). Therefore, even considering, arguendo, Jansen to be
analogous art, and evaluating its content in the most
charitable manner, we fail to perceive any teaching,
suggestion or incentive in these two references which would
have led one of ordinary skill in the art to modify the
Sobjack strap by spacing the indicator points 24c that are
along one edge of the strap shown in Figure 8 at intervals
different from those of the indicator points that are along
the other edge. This deficiency is not alleviated by further
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007