Appeal 2007-1400
Reexamination Control 90/006,825
Patent 6,457,239 B1
A. Introduction
McLaughlin appeals under 35 U.S.C. §§ 134 and 306 from the final
rejection, for anticipation and for obviousness over the prior art, of
claims 1-20, all the claims present in his reexamination application. We
have jurisdiction under 35 U.S.C. § 6. We AFFIRM.
B. Findings of Fact
The following findings of fact and any set out in the Discussion
section are supported by a preponderance of the evidence of record. Any
conclusions of law should be treated as such.
1. The 09/006,825 application ("application") is the vehicle for
reexamination of U.S. Patent 6,457,239 B1 (the application is cited as the
"239 patent").
2. The claimed subject matter relates to a knife and a magnetic sheath.
3. According to McLaughlin, the real party in interest is the inventor,
Kevin William McLaughlin. (Br. at 2.)
The application disclosure
4. According to the application, one of the objects of the invention is to
provide a "lightweight, small and moveable means for securing and
protecting knife blades." (239 patent at 2: 10–12.)
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