Appeal No. 1997-2965
Application No. 08/534,110
or adhere the sides of the two flaps together to hold the
mount parts in assembled relation.
The Florjancic patent discloses a frame for a
photographic slide that consists of a pair of rectangular
masks 15, 16 (Fig. 3) made of plastic material.
The difficulty that we have with the examiner’s
rejection, based upon the above teachings, is that when we set
aside in our minds that which appellant teaches us in the
present application, we readily perceive that the applied
Staehle and Florjancic documents, by themselves, simply would
not have suggested the proposed modification of the
transparent mount of Staehle.
Only appellant teaches a plastic brace in combination with a
cardboard bottom and a cardboard cover, and the benefits
derived therefrom. Thus, the rejection is clearly founded upon
impermissible hindsight. Since the evidence of obviousness
would not have been suggestive of the claimed invention, the
rejection on appeal cannot be sustained.
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