Ex Parte Achatz et al - Page 7



          Appeal No. 2006-0228                                                                        
          Application No. 10/158,028                                                                  

          to permit inquiry into other areas where one of even limited                                
          technical skill would have been aware that similar problems                                 
          exist.  See In re Heldt, 433 F.2d 808, 811, 167 USPQ 676, 679                               
          (CCPA 1970).                                                                                

          As for appellants’ assertion that there is no motivation to                                 
          combine Omata and Mahaffey, we must agree with the examiner that                            
          it would have been obvious to one of ordinary skill in the art                              
          from the combined teachings of the applied references to utilize                            
          the attachment member and clip of Mahaffey on the container of                              
          Omata to allow the dispenser therein to be worn on a user’s                                 
          person, such as on the user’s belt, pocket or waistband, as                                 
          expressly noted in Mahaffey column 3, lines 58-60, and thereby                              
          be readily available to allow a user to dispense the product                                
          contained therein when needed or desired.  Appellants’ assertion                            
          that Mahaffey’s teachings are limited to professional and                                   
          occupational environments wherein the contents of the dispenser                             
          are required for the given work environment is belied by the                                
          broader teachings therein regarding product dispensers in general                           
          (col. 1, lines 27-29 and lines 35-42; col. 1 line 53 to col. 2,                             
          line 16; and claim 6 of the patent).                                                        

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