Appeal No. 1999-2368 Page 8
Application No. 08/771,018
that the spring clips 33 are not readable on the claimed
"plurality of photographic insert sleeve members" capable of
storing at least one photograph disposed on a plurality of
photographic storage panels as recited in claim 1.
Additionally, it is our view that this limitation is not
taught or suggested by any of the applied prior art.
Furthermore, we agree with the appellants' argument
(brief, p. 5) that there is no teaching or suggestion for
modifying Clark by McClelland so that Clark's housing means is
attached to an outer surface of a wall member. In that
regard, we note that McClelland fails to teach or suggest
attaching his housing means to an outer surface of a wall
member (i.e., hung on the wall as in the first embodiment of
the appellants' invention (see Figures 1-3), not disposed
within an opening in the wall as in the second embodiment of
the appellants' invention (see Figure 4)) since in our view
McClelland only teaches and suggests attaching his housing
means to a wall by disposing the housing means within an
opening in the wall. Moreover, there is no apparent
motivation, absent the use of impermissible hindsight, for one
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