Ex Parte Eastman - Page 6



          Appeal No. 2005-1435                                                        
          Application No. 09/906,564                                                  

          resin to construct a decorative article.  In other words,                   
          discharging, collecting and allowing cooling and solidifying of a           
          puddled mass of purged resin to form randomly shaped masses of              
          clear and tinted plastic waste are admittedly known.                        
               Thus, with respect to claims 1, 2, 3, 4, 6 and 8 through 12,           
          the dispositive question is whether one of ordinary skill in the            
          art would have been led to employ the randomly shaped masses of             
          plastic as decorative articles, i.e., “preparation” and “selling”           
          of the randomly shaped masses of clear and tinted plastic as                
          decorative articles.  On this record, we answer this question in            
          the affirmative.                                                            
               As correctly found by the examiner (Answer, page 4),                   
          Lanyon teaches mounting irregular body shapes, especially                   
          lustrous irregular body shapes, on rectangular bases (fitting               
          them into holes of the rectangular bases) to make aesthetic                 
          paper-weights.  See also Lanyon in its entirety.  These lustrous            
          irregular body shapes taught in Lanyon encompass the randomly               
          shaped masses of clear and tinted plastic produced in an                    
          admittedly known purging process.  Since these desired lustrous             
          irregular body shapes (plastic waste) useful for paperweights are           
          known to be readily and economically available, we concur with              
          the examiner that one of ordinary skill in the art would have               
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