Appeal 2007-0986
Application 10/214,370
Carroll describes a transmitting unit 20 that can be placed on a
patient’s chart/file 76 to track use and movement of the file (Figure 5; col.
10, ll. 18 to 21).
Warren was cited by the Examiner to show a cabinet drawer that
supports hanging folders (Answer 4).
PRINCIPLES OF LAW
In sustaining a multiple reference rejection under 35 U.S.C. § 103(a),
the Board may rely on one reference alone without designating it as a new
ground of rejection. In re Bush, 296 F.2d 491, 496, 131 USPQ 263, 266-67
(CCPA 1961); In re Boyer, 363 F.2d 455, 458 n.2, 150 USPQ 441, 444 n.2
(CCPA 1966).
Nonfunctional descriptive material carries no weight in the analysis of
patentability over prior art applied by the Examiner. In re Lowry, 32 F.3d
1579, 1583, 32 USPQ2d 1031, 1034 (Fed. Cir. 1994). Nonfunctional
descriptive material cannot render nonobvious an invention that would have
otherwise been obvious. In re Ngai, 367 F.3d 1336, 1339, 70 USPQ2d
1862, 1864 (Fed. Cir. 2004).
ANALYSIS
As indicated supra, Wakura describes a file tracking system that
includes a database, a processor, a furniture unit, and file folders with
addressable switches that communicate with the processor via a wireless link
as set forth in claims 1 to 7, 9 to 12, 28 to 51, and 54.
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