Ex parte KENNEY - Page 6




          Appeal No. 1998-3316                                                        
          Application No. 08/203,300                                                  


          bottom edges (not at top edges) prevent pictures introduced at              
          the top from falling out.  A slot 70 in the middle of the                   
          bottom edge enables a thin implement to be inserted in the                  
          space between the panels to eject pictures when desired                     
          (column 3, lines 10 through 29).                                            


               From our perspective, the Lyman patent (Figs. 2 through                
          4) is a highly relevant document in revealing the knowledge in              
          the art, at the time of appellant's invention, of the known                 
          fabrication practice of forming a picture frame by the                      
          ultrasonic welding together of two identical, molded                        
          transparent plastic frame members yielding a frame with a slot              
          at its bottom such that a thin implement inserted therein can               
          be used to eject pictures through an opening in the top of the              
          frame.  However, when we collectively consider the two                      
          references relied upon by the examiner, the difficulty we                   
          readily perceive is that the only apparent motivation to                    
          rework the particular one-piece clear synthetic plastic frame               
          (Fig. 7) disclosed by Pougher (a frame moulded with a trough                
          open at the upper end and having an integral base or foot                   
          forming a stand) stems from an inappropriate reliance upon                  
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