Appeal No. 1999-1038
Application 08/602,125
the second bend forms an obtuse angle. Claim 15 recites a
method for assisting installation of a lighting fixture
comprising the steps of bending a strap to form both an acute
angle and an obtuse angle wherein the strap is linear except
for the bent portions.
Conceding that Parker does not fully meet these claim
limitations, particularly to the extent that they encompass
the acute angle bend, the examiner nonetheless concludes that
it would have been an obvious matter of design choice to
provide Parker’s brace with an acute angle bent portion “since
such a modification is merely a change in degree and is
generally recognized as being within the level of one skilled
in the art” (answer, page 5). The examiner goes on to explain
(see pages 6, 7 and 9 in the answer) that motivation for this
proposed modification lies in Parker’s teaching at column 3,
line 32 et
seq. that the brace is capable of being bent. The mere fact
that the prior art could be so modified, however, would not
have made the modification obvious unless the prior art
suggested the desirability of the modification (see In re
Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1783-84 (Fed.
-5-
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