Appeal No. 2000-0305 Page 15
Application No. 08/887,453
The appellant argues (brief, p. 14) that Alwitt does not
disclose a casing having an opening that is maintained in an
open state and where the portion of the casing that covers an
end of the article is stretchable to permit the opening to be
enlarged as the casing is stretched and inverted to thereby
cover and uncover the end of an article as recited in claim
11. We find this argument unpersuasive since we find
ourselves in agreement with the examiner that Andersen's
device inherently meets these limitations. In that regard,
Alwitt's camera case in the position shown in Figures 1 and 2
does have an opening (i.e., open pocket 32 through which a
camera may be inserted in and removed from housing 14) that is
capable of being maintained in an open state. Additionally,
Alwitt's cover 16 is capable of being stretched and inverted
to permit the opening to be enlarged to thereby cover and
uncover an end of an article.
In this case, the basis in fact and/or technical
reasoning to reasonably support the determination that the
allegedly inherent characteristic necessarily flows from the
teachings of Alwitt is his teaching that case 10 (including
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