Appeal No. 2004-1917 Page 5
Application No. 09/853,096
1999). The test for an implicit showing is what the combined teachings, knowledge of
one of ordinary skill in the art, and the nature of the problem to be solved as a whole
would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d
413, 425, 208 USPQ 871, 881 (CCPA 1981) (and cases cited therein).
With this as background, we turn to the rejection of claim 1 under 35 U.S.C.
§ 103.
Claim 1 reads as follows:
A self-wrapping decorative article comprising:
at least one an elongate generally flat wrapping member having ends and
elongate side edges and surfaces extending between the ends, the flat wrapping
member being formed of a type such that the ends are capable of coming
together and remaining extended;
a first decoratively shaped retroreflective layer located over one surface of
said one elongate wrapping member, said first decoratively shaped layer having
a lateral dimension that is substantially greater than the lateral dimension of said
wrapping member, so that said first decoratively shaped layer extends with a
decoratively shaped portion past at least one of said edges;
a second layer overlying another surface of said wrapping member
opposite to said one surface; and
said first and second layers being affixed to each other so as to encase
said elongate wrapping member and form a decoratively shaped retroreflective
article capable of self wrapping around an object.
Anello's invention deals with a novelty or toy item, of roll spring tape material
such as heretofore been used for steel measuring tapes, with added ornamental
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