Appeal No. 1999-1045
Application No. 08/651,759
material characteristics of the optional raised edge 18.
Basically, all that we know is that the raised edge is
manufactured on the top surface of the mouse pad 12 (column 5,
lines 36 through 39), with the pad 12 being made of plastic or
reinforced foam material (column 5, lines 9 through 12). Thus,
it is fair to say that this disclosure does not instruct one
skilled in the art as to the material or material characteristics
of the raised edge. Since for this reason the evidence before us
is deficient, the rejection of claims 1, 20, 40, 41, 44, and 46
under 35 U.S.C. § 102(b) cannot be sustained.
We also cannot sustain the rejection of dependent claims 52
and 54 under 35 U.S.C. § 103(a), for the following reasons. The
Montague patent was not applied by the examiner to address the
material or characteristics of a platform edge wall.
Additionally, we find that its teaching does not, in fact,
overcome the particular deficiency of the Brewer patent, as
discussed, supra.
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