Appeal 2007-1365
Reexamination Control 90/006,595
Patent 6,289,548
paint patterns. And even more to the point is that the Australian application
teaches removing a sufficient amount of material from the surface of the
sponge to create a desired effect. The Patentee has failed to come to grips
with the fact that the Examiner has rejected on a combination of references
and that all the relevant teachings must be considered. One skilled in the art
would have been able to implement the teachings of the prior art and remove
the necessary amount of material to achieve any desirable natural sea sponge
paint effect.
iii) The Rejection of Claims 4, 11, and 18 over
Wakat, U.S. Patent 5,713,095 and Australian
application and further in view of Moilanen, U.S. Patent
2,994,899
Claims 4, 11 and 18 require a pair of spaced-apart pattern sponges.
Patentee contends that claim 4 is novel by virtue of its dependency on
claim 1 and is silent as to claims 11 and 18. (Ans. at pages 4-5). For the
reasons provided above with respect to claim 1, we likewise affirm the
rejection as to claims 4, 11, and 18.
CONCLUSION
Patentee has failed to demonstrate that the Examiner erred in rejecting
claims 1-20 over the cited prior art references. We AFFIRM the Examiner's
final rejection of claims 1-20.
AFFIRMED
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