Appeal No. 1999-2064 Page 10
Application No. 08/619,853
having ordinary skill in the art from the subject matter of
Mowry's claim 12. The examiner has not cited any evidence
that would have established the obviousness of these sizes.
Claim 38
We agree with the appellant's argument (brief, p. 12)
that the subject matter of dependent claim 38 would not have
been obvious at the time the invention was made to a person
having ordinary skill in the art from the subject matter of
Mowry's claim 12. The examiner has not cited any evidence
that would have established the obviousness of the limitations
of claim 38 (e.g., some of the geometric elements are of a
color other than black, the claimed thickness of the geometric
elements).
Claim 29
We agree with the examiner that the subject matter of
independent claim 29 would have been obvious at the time the
invention was made to a person having ordinary skill in the
art from the subject matter of Mowry's claim 12.
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