Appeal No. 2004-1218
Application No. 09/956,195
card viewer of Morse or make it collapsible “since it has generally
been recognized that to make components separable involves only
routine skill in the art” and “it is well-known that items or
elements stored in a flat container are more easily transported”
(Answer, page 4; Paper No. 6, page 2). The examiner cites Conville
and Chapman as “evidentiary support” for this conclusion, finding
that Conville discloses that it was well-known in the gaming art
that games can be disassembled and packaged in flat containers for
shipping while Chapman discloses that even games with a mirror can
be disassembled for packing into flat boxes for shipping (Answer,
page 4).
Appellant’s sole argument is that, despite appellant’s
challenge to the examiner’s factual assertion, the examiner has
failed to provide documentary evidence in support of this factual
assertion that it only requires routine skill in the art or it is
well known to make optical devices collapsible or disassembled
(Brief, pages 4-5). This argument is not persuasive since the
examiner has presented “documentary evidence” in the form of
Chapman and Conville to support the factual assertion presented in
the final Office action of Paper No. 6 (Answer, page 4). Chapman
teaches that a game containing a “secured” mirror 14 may be
disassembled and packed within a box (page 1, ll. 69-81). Conville
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