Appeal No. 98-1314
Application No. 08/421,640
design choice to make the tabs T-shaped, since
applicant has not disclosed that the use of a T-
shape solves any stated problem or is for any
particular purpose and it appears that the invention
would perform equally well with rectangular tabs,
additionally Rossini et al. disclose the use of T-
shaped tabs.
. . . the [provision of a] T-shaped [tab] is merely
a matter of engineering design choice, and thus does
not serve to patentably distinguish the claimed
invention over the prior art. See In re Kuhle, 526
F.2d 553, 188 USPQ 7 (CCPA 1975). [Answer, page 5.]
Claims 1, 2, 4, 6-15, 17-22 and 25-41 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Flug in view
of Rossini. According to the examiner:
Flug discloses the claimed invention except for
T-shaped tabs with a distal portion and an inboard
portion and requires the distal portion of the
securing means leading region having a length
dimension which is less than a length dimension of
the inboard portion of the securing means leading
region. It would have been an obvious matter of
design choice to make the tabs T-shaped, since
applicant has not disclosed that the use of a T-
shape solves any stated problem or is for any
particular purpose and it appears that the invention
would perform equally well with rectangular tabs,
additionally Rossini et al. disclose the use of T-
shaped tabs.
. . . the [provision of a] T-shaped [tab] is merely
a matter of engineering design choice, and thus does
not serve to patentably distinguish the claimed
invention over the prior art. See In re Kuhle, 526
F.2d 553, 188 USPQ 7 (CCPA 1975). [Answer, pages 6
and 7.]
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