Appeal 2007-1182
Application 10/020,136
obviousness of modifying the design of Micchia's patch such that an interior
portion thereof has a contrasting color and is configured to provide
communication of some sort. As explained by the Examiner, Essig, directed
to a method of forming adhesive, removable decals on the human body,
"discloses that where a part of the decal (patch) 4 is to be exposed, it is
desirable to impart a particular hue or color [to] the exposed (outer or
exterior) part of the decal (page 1, column 1, line 45 to page 1, column 2,
line 68) such that the whole surface or only parts of the surface have surface
ornamenting material applied thereto" (page 5 of Answer).
Moreover, it is our view that the claimed subject matter would have
been obvious to one of ordinary skill in the art in view of Micchia
considered alone. Micchia's patch is in the form of a kidney or bean and,
therefore, is configured to provide communication of this thought or
perception. Also, although the interior portion of Micchia's patch does not
have an area with a contrasting color relative to the exterior of the patch, we
take official notice of the fact that it is notoriously well known to scribe or
write a contrasting pattern or message on a background substrate, either by
adding material to the substrate or removing material therefrom. In our
view, it would have been a matter of obviousness for one of ordinary skill in
the art to add a decorative pattern or message onto Micchia's patch with the
understanding that the light absorption of the patch will be compromised or
reduced to some extent, depending on the amount of light-absorbing material
removed. Manifestly, the black patch of Micchia provides the maximum
light absorption and anti-glare effect.
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