Appeal 2007-0195
Application 10/895,515
examining the reference, would be discouraged from making such
modification. In re Gurley, 27 F.3d 551, 553, 31 USPQ2d 1130, 1131 (Fed.
Cir. 1994). A person of ordinary skill in the art would have been
discouraged from making the modifications to Liveoak proposed by the
Examiner because they would appear to thwart the objective of Liveoak of
achieving a paddle providing two different paddling configurations. The
modification, therefore, would not have been obvious. The rejection of
claims 4, 9, 17, and 19 as unpatentable over Liveoak in view of Richmond is
reversed.
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