Appeal No. 2005-0211 11
Application No. 10/264,717
fastening system for easy placement and removal of indicia on the body of a puppet,
thereby providing greater versatility. See Price (column 1, lines 7-47).
Rejection (10)
This rejection, based upon Natiw and Maiden-Nesset, is affirmed.
The claim at issue requires that the leg member terminate in a shoe having tieable
laces.
Appellant’s position with regard to this rejection is much the same as her position
regarding rejection (7). To the extent that appellant relies upon any differences in intended
use between the puppet doll of Natiw and the Maiden-Nesset doll, we note that intended
use forms no part of the product claim at issue. Thus, appellant’s argument is not
germane to the subject matter of the claim.
Be that as it may, we agree with the examiner that motivation for the combination
can be found in Maiden-Nesset’s suggestion to equip a doll with shoes having tieable
laces to enhance its value as an educational vehicle. As previously noted, Natiw discloses
that her doll can be modified by adding items of clothing thereto.
Rejection 11
This rejection is also affirmed.
The claim at issue is an amalgam of elements, all of which having been discussed
above. Accordingly, the reasoning which we have applied above with respect to rejections
(2), (4), (6), (7) and (8) in particular, apply with equal force to the instant rejection.
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