Ex Parte Brown et al - Page 9



          Appeal No. 2006-1513                                          Παγε 9          
          Application No. 10/068,574                                                    

               We turn next to independent claim 30.  Appellants assert                 
          (brief, page 7) that neither reference teaches or suggests a                  
          decoy having a main body with a photograph containing animal                  
          features incorporated therein.  Appellants acknowledge that                   
          although Palmer shows a main body having an orifice and a decoy               
          having a head with a flange insertable into the orifice, that                 
          there is no motivation to modify Tryon to provide this feature.               
               From Palmer’s disclosure (col. 1, lines 30-33) of providing              
          a decoy of knockdown construction for transport in a compact                  
          condition, and Tryon’s disclosure (col. 1, lines 35-38) that                  
          silhouette type decoys are preferred because they can be knocked              
          down for easy storage when not in use, we find a suggestion of                
          providing Tryon’s decoy with a detachable head decoy.  In                     
          addition, from Palmer’s disclosure of a decoy having a body and               
          an orifice and a head with a flange that is insertable into the               
          orifice, we find that an artisan would have been motivated to                 
          provide Tryon’s decoy with a head that is insertable into the                 
          body.  We are not persuaded by appellants’ assertion (brief, page             
          7) that the advantage of such a feature would be lost in Tryon                
          once the photograph is attached to the head and body portion,                 
          because claim 30 does not recite a photograph attached to the                 
          head of the decoy.  Rather the claim recites that a photograph is             





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