Appeal No. 1997-2975
Application 08/518,856
Nevertheless, in the present case, it is abundantly clear to
us that one having knowledge of the plurality of teachings of
the applied references would not have been able to bring them
together in the intricate fashion articulated by the examiner,
without the benefit of appellants’ application.
We also bring to the examiner’s attention that a proposed
modification of the Hawthorne dispenser would clearly not have
been undertaken by one having ordinary skill in the art since
it would have inappropriately destroyed the patentee’s express
intention that the adhesive tape “be fully enclosed for
sanitary reasons” (column 1, lines 19 through 21). This
consequential objective would certainly be defeated by the
examiner’s proposed modification in reworking the particular
hollow annulus, surgical tape dispenser of Hawthorne to create
an altogether different form of dispenser, i.e., one that is
structurally configured with a generally triangular part such
that the tape to be dispensed is exposed to ambient
conditions, as exemplified by the Donkin disclosure.
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