Appeal No. 1998-1924 Page 5
Application No. 08/642,907
Based on the teachings of Gray it would
have been obvious to modify the skate frame
of Gierveld to include mounting brackets
that are oversized so as to at least spans
[sic, span] the distance between the frame
side walls and to provide a slot that
extends beyond the frame side walls to
provide a more versatile adjustable
attachment for the boot. Since a larger
slot allows for greater positioning of the
boot relative to the mounting plates.
[examiner’s answer at pages 5 and 6].
Appellants argue that Gierveld does not disclose that the
wall means of the mounting bracket means extends outwardly
beyond both side walls. We do not agree. In our view, Figure
8 of Gierveld depicts that the mounting bracket 21 extends
transversely beyond the side walls of the frame 13.
Appellants also argue that there is no suggestion to
combine the teachings of Gierveld and Gray because there is no
disclosure in Gray of a mounting bracket. Rather, appellants
argue that Gray discloses wrappings to attach the skate to the
foot. Appellants further argue that a person of ordinary
skill in the art would be at a loss to attribute any
significance to the slots disclosed in Gray and that even if
the teachings of Gierveld and Gray were combined, there would
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