Appeal 2007-0705
Application 10/431,127
Claim 1 illustrates Appellants’ invention of a bath scale mat, and is
representative of the claims on appeal:
1. A bath scale mat, comprising:
a flexible magnetic substrate adapted to magnetically attach to the
standing surface of a bath scale and defining a meter opening for meter
window thereof, said mat being adapted to be easily removed and replaced
on said bath scale, and having a surface portion adapted to support a user’s
feet.
The Examiner relies on the evidence in these references:
Reibold US 3,243,002 Mar. 29, 1966
Artwick US 3,811,523 May 21, 1974
Gillespie US 6,250,001 B1 Jun. 26, 2001
Vela US 2001/0008702 Jul. 19, 2001
Vaghi US 6,376,783 B1 Apr. 23, 2002
Appellants request review of the grounds of rejection of claims
1 through 20 under 35 U.S.C. § 103(a) as being unpatentable over Artwick
or Reibold in view of Vaghi and Gillespie further in view of Vela (Answer
4-9; Br. 4).
Appellants argue the claims as a group with emphasis on independent
claim 1. In this respect, Appellants argue independent claims 17 and 20 on
the same basis, reciting the claim limitations. Thus, we decide this appeal
based on claim 1. 37 C.F.R. § 41.37(c)(1)(vii) (2005).
The Examiner contends Reibold discloses a bath scale mat held to the
scale by a frame that allows removal of the mat, and Artwick disclose a bath
scale mat held to the scale by adhesive (Answer 4 and 6-7, citing Reibold,
col. 1, ll. 10-30, col. 2, ll. 45-55, and Fig.. 4; Artwick, col. 1, ll. 35-60, and
col. 5, ll. 40-50). The Examiner contends Vaghi discloses a magnet to hold a
scale to a support substrate as an alternative fastener to, among other things,
2
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