Appeal No. 2006-2280 Page 22
Application No. 10/244,011
col. 2, lines 20-23. Frazier further teaches that the tubular member (100) is at least
partly constructed of a flexible material or the entire holder may be formed of the
same flexible material. Frazier, col. 2, lines 23-27. Frazier teaches applying a
contact surface (105, 305) to the tubular member (100) and that this contact surface
must be of a high-friction texture which is preferably formed of rubber. Frazier,
col. 3, lines 24-36. We note that rubber is a flexible and deformable material.
Frazier does not teach an adhesive area on the ends of the tubular member for
adhering the ends together.
One having ordinary skill in the art at the time of the invention, possessed
with the teaching of Frazier to use a tubular member around the shaft (longitudinal
portion) of a cane having a high friction contact surface of rubber to prevent
slippage, and possessed with the teachings of Carpenter to attach a strap around
cane shaft to form a tube using a hook-and-loop fastener on the ends of the strap,
would have been led to add a hook-and-loop attachment to the tubular member of
Frazier in order to make the attachment of the tubular member to the cane stronger.
See Dystar, 464 F.3d at 1368, 80 USPQ2d at 1651 (holding that when an
improvement is technology independent, an implicit motivation to combine can be
found based on a universal desire to enhance commercial opportunities when the
combination results in a product or process that is more desirable, for example
because it is stronger, cheaper, cleaner, faster, lighter, smaller, more durable, or
more efficient.)
C. Carpenter, Finegan and Shrader
The examiner rejected claims 8, 9, 13 and 22 under 35 U.S.C. § 103(a) as
being unpatentable over Carpenter in view of Finegan and Shrader. The examiner
determined that Carpenter and Finegan combined disclose all of the claimed
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