Appeal No. 2001-2213 Page 5
Application No. 09/399,418
2
examiner (i.e., that Walsh does not disclose the sponge material being open-celled
foamed polyurethane) Walsh fails to teach "first and second planar surfaces meeting at a
right angle, said surfaces being coated with an abrasive material in at least the area of the
surfaces adjacent the right angle." The first and second planar surfaces of Walsh's utility
tool that support sandpaper or the like do not meet at a right angle. Accordingly, even if
the examiner were correct that it would have been obvious to one having ordinary skill in
the art at the time the invention was made to have modified the elastomer rubber material
of Walsh by forming it from an open-celled foamed polyurethane material as taught by
Burtch, such a modification of Walsh would not have arrived at the claimed subject matter.
Since the examiner has not set forth a prima facie case of obviousness with respect
to the claim 1 for the reasons set forth above, the decision of the examiner to reject claim
1, and claims 2 to 4 dependent thereon, under 35 U.S.C. § 103 is reversed.
1(...continued)
459, 467 (1966).
2We noted that Walsh does not teach a tool comprising a compressible elastomer rubber sponge
material. Walsh teaches only that the insert 12 is extruded from an elastomer such as rubber of suitable
hardness.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007