Appeal No. 98-1293 Page 5
Application No. 08/418,833
strips (18) that provides a means for detachably fastening a
design or other pictorial representation (24). However, Baxter
does not teach that the jacket is first embellished with a
design, which is completed or augmented by a portion that later
is attached, as in the appellant’s invention, as required by
claims 1 and 26. In view of this deficiency in Baxter, it is
our view that the teachings of the reference do not establish a
prima facie case of obviousness with regard to the subject
matter of claims 1 and 26, and we will not sustain the
rejection. It follows that we also will not sustain the
rejection of claims 2-12 and 23-25, which depend from claim 1.
Independent claim 27 requires that there be a plurality of
patches and that the article of textile material have
a marked area for indicating a plurality of locations
for mounting said plurality of patches respectively
and wherein said plurality of patches, when mounted
on said article of textile material at said plurality
of locations, together form at least a portion of an
ornamental design.
Baxter discloses only one patch, and therefore explicitly has
no such teaching. Moreover, the examiner has not stated, nor
can we find, any rationale for concluding that this feature
would have been obvious in view of the teachings of Baxter.
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