Appeal No. 1999-2446 Page 12
Application No. 08/705,592
references, and who is normally guided by the then-accepted
wisdom in the art." Id. Since the wood fragments limitations
as set forth in the claims under appeal are not taught or
suggested by Stacy, we will not sustain the 35 U.S.C. § 103
rejection of claims 6, 7, 9 to 17 and 19 to 25 as being
unpatentable over Stacy.
The obviousness rejection based upon Scott
We sustain the examiner's rejection of claims 6, 7, 9,
13, 14, 17, 21 and 22 under 35 U.S.C. § 103 as being
unpatentable over Scott, but not the rejection of claims 10 to
12, 15, 16, 19, 20 and 23 to 25 under 35 U.S.C. § 103 as being
unpatentable over Scott.
Scott's invention relates to mats for use in the
"revetment of river banks and the like" (page 1, lines 1-2).
Scott states that one of his objects is to produce an
"improved mat of combined woven wire and willow or other
suitable tree growths or brush" in which the willow and wire
are intertwined so that the latter reliably maintains the
former in position and the mat as a whole is as effective as a
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