Appeal No. 99-0633 Page 6
Application No. 08/880,247
housing" (answer, page 5). It is the examiner's position,
however, that it would have been obvious to replace the two
separate indicia plates (300) of Levine with a single foldable
material as disclosed by Corwin (answer, page 5). The
foldable material of Corwin relied upon by the examiner, clip
(21), best seen in Figures 4 and 5, comprises a foldable
material which, when folded about the head of a key, has an
opening (22) to receive the shank of a key. Further,
according to the examiner, it would have been obvious to form
the insert of Levine as modified by Corwin from a non-metallic
material in view of the teaching of an identification tag of
non-metallic material by Hines.
Turning first to independent claim 1, we, like the
appellant (brief, page 12), do not agree with the examiner's
statement that Levine discloses all of the features recited in
claim 1 aside
from the foldable insert. Specifically, we find that one of
the frame halves (120 or 140) of Levine must be considered to
correspond to the "closure" and the other half to correspond
to the housing of claim 1 so as to meet the limitation that
the closure be "affixed to said housing by a living hinge."
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