Appeal No. 2003-0414 Page 11
Application No. 09/833,831
REMAND
We remand the application to the examiner to further consider the patentability
under 35 U.S.C. § 103 of claims 1 and 3 to 6 in light of the teachings of Cubbler,
O'Brien, U.S. Patent No. 4,927,6962 to Berg and U.S. Patent No. 5,687,5263 to
Benvenuto et al. (Benvenuto).
The teachings of Cubbler and O'Brien have been set forth above.
Berg's invention relates to materials for use fabrication. Berg teaches (column 1,
lines 8-20) that
In every manufacturing industry materials of various types are fabricated
to form products. The industries themselves are extremely diverse, ranging from
the garment making industry to the construction industry. The common element
in all of these industries is the handling of the materials. The materials must be
measured, marked and then cut to the correct size. It is a common convention to
check every measurement before cutting as an incorrect cut can result in
material becoming unusable. The greatest cost component is most fabrication
applications is the cost of labour. The described measuring and marking is
understandably time consuming and labour intensive.
Berg further provides (column 2, lines 40-54) that
The invention will not be described with reference preferred embodiments
illustrated in FIGS. 1 through 7. The invention relates to material having
premarked reference markings on the material uniformly spaced such that the
2 Cited in the examiner's first Office action (Paper No. 5, mailed January 31, 2002).
3 Copy attached.
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