Appeal No. 2006-0476
Application No. 10/365,258
With full consideration being given to the subject matter on appeal, the
examiner’s rejections and the arguments of appellants and the examiner, and for
the reasons stated infra we sustain the examiner’s rejection of claims 29 and 30
under 35 U.S.C. § 102. However we will not sustain the examiner’s rejections of
claims 12 through 15, 17, 19, 20, 23 through 26, 31 through 35 under 35 U.S.C.
§ 102, nor will we sustain the examiner’s rejections of claims 1 through 4, 6
through 11, 21, 22, 27, 28 and 36 through 42 under 35 U.S.C. § 103.
Additionally, we enter a new ground of rejection against claims 1, 12, 23, 24, 29,
32 and 40.
Rejections based upon Newhouse.
Newhouse teaches an information card mounted to a chair. The
information card, item 14, which the examiner equates to the label, is mounted
below the chair in a holder 12. See figures 1 through 3 and column 2 lines 23
through 33. The card has a flat surface, a distal end and a proximal end with a
pull. See figures 5A and 5B. The card is made of plastic and has a member 22,
which moves, in slot 24 of the holder to limit the travel of the card. See column 2,
lines 31 through 33 and 58 through 62. The holder is attached to the chair
through double-sided tape or other fasteners. See column 2, lines 63 through 67
Seabrook teaches a wristband which contains memorandum that a user
may change. See column 1, lines 54 through 59 and figure 1. The
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