Ex parte JOHNSTONE - Page 5




                 Appeal No. 1999-1764                                                                                                                   
                 Application No. 08/827,544                                                                                                             

                 the second declaration of David R. Johnstone executed June 10,                                                                         
                 1998, the applied patents,  and the respective viewpoints of5                                                                                       
                 appellant and the examiner.  As a consequence of our review,                                                                           
                 we make the determination which follows.                                                                                               


                          We reverse each of the examiner’s rejections under 35                                                                         
                 U.S.C. § 103.                                                                                                                          


                          Initially, we refer to appellant’s statement in the                                                                           
                 specification (page 5) that an “important feature” of the toy,                                                                         
                 doll or stuffed creature mounting assembly is the use of a                                                                             
                 buckle part (buckle assembly), “like the buckle assembly in a                                                                          


                 product” was displayed.  Apart from the above information, we                                                                          
                 are not informed of any specific details relative to these                                                                             
                 trade shows; in particular, the dates thereof in 1996, of                                                                              
                 relevance to the public use and on sale provision of 35 U.S.C.                                                                         
                 § 102(b).                                                                                                                              
                          5In our evaluation of the applied references, we have                                                                         
                 considered all of the disclosure of each document for what it                                                                          
                 would have fairly taught one of ordinary skill in the art.                                                                             
                 See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA                                                                              
                 1966). Additionally, this panel of the board has taken into                                                                            
                 account not only the specific teachings, but also the                                                                                  
                 inferences which one skilled in the art would reasonably have                                                                          
                 been expected to draw from the disclosure.  See In re Preda,                                                                           
                 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                                                                                      

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