Appeal No. 2000-1314 Page 6
Application No. 09/109,279
suggested to those of ordinary skill in the art." In re
Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981). But
it "cannot be established by combining the teachings of the
prior art to produce the claimed invention, absent some
teaching or suggestion supporting the combination." ACS Hosp.
Sys., Inc. v. Montefiore Hosp., 732 F.2d 1572, 1577, 221 USPQ
929, 933 (Fed. Cir. 1984). And "teachings of references can
be combined only if there is some suggestion or incentive to
do so." Id. In this case, it is our view that the applied
prior art contains no suggestion or incentive for a person of
ordinary skill in the art at the time the invention was made
to have modified the prior art device of Gutentag or Kawanishi
to arrive at the claimed invention.
Claims 1 to 3 require a pair of elongated pressure
sensitive adhesive tapes with each tape having a longitudinal
linear side portion, a longitudinal sinusoidal shaped side
portion and an adhesive surface. Claims 4 to 6 require a pair
of elongated pressure sensitive adhesive tapes with each tape
having a longitudinal linear side portion, a longitudinal
sawtooth shaped side portion and an adhesive surface. Claims 7
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