Appeal No. 2000-1732
Application No. 08/972,852
when the lift cords draw the slats together, the venetian
blind of Walker relies upon ladder tapes with ladder rungs
that are staggered and attached to opposed sides of the tapes
to allow a lifting cord to pass therebetween (page 1, column
2, lines 10 through 18). The examiner, in the rejection under
35 U.S.C.
§ 103 based upon the Walker patent alone, expresses the point
of view that since the ladder tapes of Walker are considered
to be "the full and obvious mechanical equivalent of cord type
rails and rungs" the claim limitation of cord type rails and
rungs does not constitute a patentable distinction (answer,
page 5). However, we particularly point out at this time that
equivalency, in and of itself, is not dispositive of an
obviousness determination under 35 U.S.C. § 103. See In re
Flint, 330 F.2d 363, 367-68, 141 USPQ 299, 302 (CCPA 1964).
In this case, the examiner has not specified details of the
construction of the indicated equivalent cord type rails and
rungs. Appellant makes reference to and distinguishes the
Simon teaching of lift and ladder cords (main brief, page 10).
As we see it, the evidence applied by the examiner simply
would not have been, by itself, suggestive of the particular
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