Ex parte SCHIWEK - Page 11




          Appeal No. 1999-2845                                      Page 11           
          Application No. 08/495,471                                                  


               The teachings of Held have been set forth above.  Stewart              
          discloses a safety container in which a bulked or textured                  
          filamentary plastic material is employed to reduce explosion                
          hazard and/or as a anti-sloshing means.                                     


               The examiner found (final rejection, p. 3) that Stewart                
          teaches "that it was known to provide a coating binder as set               
          forth at column 1, lines 70+."  The examiner then determined                
          that it would have been obvious at the time the invention was               
          made to a person having ordinary skill in the art to "modify                
          the 'glass wool' of Held to include a binder, as taught by                  
          Stewart."                                                                   


               The appellant argues (brief, pp. 15-19, and reply brief,               
          pp. 2-3) that the examiner has not presented a prima facie                  
          case of obviousness with respect to claims 19 to 23, 34 to 36,              
          45, 46 and 61 since there is no suggestion to combined the                  
          applied prior art to arrive at the claimed invention.  We                   
          agree.  We have reviewed the teachings of Stewart (especially               
          those set forth at column 1, lines 70+) and fail to find any                
          teaching "that it was known to                                              







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