Appeal 2006-2864
Application 10/211,746
electrical cords are available in many sizes, styles, constructions and
configurations.” (APA, Specification 1:9-11).
2) At the time of the invention, one of ordinary skill in the art was
familiar with mounting storage racks to a support surface using an
adhesive, such as a double sided adhesive tape, by placing the adhesive
between the storage rack and the support surface. (APA, Specification
1:12-14).
3) One of ordinary skill in the art at the time of the invention was
aware that the bond strength of the adhesive is effected by films,
contaminants and the like that are present on the support surface. (APA,
Specification 1:12-14).
4) At the time of the invention, one of ordinary skill in the art was
aware that various cleaning methods were useful in removing
contaminants from a surface. (APA, Specification 1:16-17).
5) At the time of the invention, a well known and conventional
method of cleaning a surface was by rubbing an eraser against the area to
be cleaned. (Official notice of fact by the Examiner, see Final Rejection
2, ¶ 2).
PRINCIPLES OF LAW
1) Description of prior invention by others which appears in an
Applicant’s Specification may be relied on by the Examiner in a prior art
rejection of the Applicant’s claimed invention. See In re Nomiya,
509 F.2d 566, 571 n. 5, 184 USPQ 607, 611-12 n. 5 (CCPA 1975)
(figures labeled prior art in appellants’ patent application were properly
considered in determining obviousness of appellants’ claimed
improvement) and In re Fout, 675 F.2d 297, 301, 213 USPQ 532, 536
4
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