Ex parte GRABHORN - Page 12




          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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