Appeal No. 2002-2154 Page 7
Application No. 09/217,496
The obviousness rejection of claims 15 and 24
We will not sustain the rejection of claims 15 and 24 under 35 U.S.C. § 103 as
being unpatentable over Morgan in view of Aimonetti.
We have reviewed the reference to Aimonetti additionally applied in the rejection
of claims 15 and 24 (dependent on claims 14 and 18, respectively) but find nothing
therein which makes up for the deficiencies of Morgan discussed above regarding
claims 1 to 5, 8, 13, 14 and 16 to 24. Accordingly, the decision of the examiner to
reject claims 15 and 24 under 35 U.S.C. § 103 is reversed.
The obviousness rejection of claims 1 to 12, 14 and 16 to 23
We will not sustain the rejection of claims 1 to 12, 14 and 16 to 23 under
35 U.S.C. § 103 as being unpatentable over Cook in view of Morgan.
In this rejection, the examiner (answer, p. 4) ascertained that Cook failed to
teach the claimed shank member. The examiner then concluded that it would have
been obvious at the time the invention was made to a person of ordinary skill in the art
to provide Cook's boat with shank members as suggested by the pins of Morgan.
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