Appeal No. 98-2123
Application No. 08/326,669
Rejection (4):
The examiner considers that it would have been obvious to
stow a thermometer strip in the sleeve of Grover in view of
the teachings of Palti. As we have noted above in Rejection
(1), a backing member 55 is stowed in the sleeve of Grover in
order to prevent empty compartments from becoming sealed
during subsequent lamination. Palti discloses a dispenser for
thermometer strips contained in package. Absent the
appellants' own disclosure we are at a total loss to
understand why one of ordinary skill in this art would have
been motivated to single out the provision of a thermometer
strip from Palti's disparate teachings and incorporate it into
the card of Grover in the manner proposed by the examiner.
Accordingly, we will not sustain the rejection of claims 5-7
and 24-26 under 35 U.S.C. § 103(a) based on the combined
teachings of Grover and Palti.
In summary:
The rejection of claims 1-4, 8-11, 13-16, 18-22 and 27-30
under 35 U.S.C. § 102(b) as being anticipated by Grover is
affirmed.
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