Appeal No. 2005-0211 7
Application No. 10/264,717
The examiner’s position is that the appellant’s argument is speculative since the
Sisler doll is composed of soft stuffing and, therefore, may not necessarily be rigid enough
to be self-supporting when placed in an upright position.
Our view is that, even though the Sisler doll may be capable of being placed in a
self-sustaining upright position, it would nevertheless have been prima facie obvious,
within the context of 35 U.S.C. § 103, to equip the Sisler doll with a strap in order to
provide the capability of being able to hang the doll up for storage purposes, or as a matter
of convenience, as reasonably suggested by Holt.
Rejection (5)
This 35 U.S.C. § 103 rejection, based upon Natiw and Holt, is affirmed. Both Natiw
and Holt have been discussed above.
We agree with the examiner that the claims at issue are rendered obvious by the
combination of Natiw and Holt essentially for the same reason discussed above with
respect to rejection (4).
Rejection (6)
This rejection, based upon the combination of Natiw with Oswald and Van Meter, is
affirmed.
The claims at issue essentially require that the leg member be comprised of a
plurality of braided strands of material.
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