Appeal No. 2006-0027 9
Application No. 10/287,889
pawl 144, applies or is capable of applying an increasing level of retention force as the
size of the card increases.
Consequently, the examiner’s position that the subject matter recited in
independent claims 1, 11 and 17 is fully met by Jensen is unsound. Therefore, we shall
not sustain the standing 35 U.S.C. § 102(e) rejection of independent claims 1, 11 and
17, and dependent claims 2-4, 6-10, 13-15, 18 and 20-22, as being anticipated by
Jensen.
III. The 35 U.S.C. § 103(a) rejections of claims 5, 12 and 19 as being unpatentable over
Jensen in view of Mobley and of claims 47 and 52 as being unpatentable over Wong in
view of Mobley
Even if the Mobley patent is assumed to be analogous art (the appellants argue
that it is not), the disclosure therein of a clothes hanger trolley would not cure the above
discussed deficiencies of either Wong or Jensen relative to the various independent
claims on appeal. Hence, we shall not sustain the standing 35 U.S.C. § 103(a) rejection
of dependent claims 5, 12 and 19 as being unpatentable over Jensen in view of Mobley
or the standing 35 U.S.C. § 103(a) rejection of dependent claims 47 and 52 as being
unpatentable over Wong in view of Mobley.
SUMMARY
The decision of the examiner to reject claims 1-23 and 44-61 is reversed.
REVERSED
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