Appeal 2007-1400
Reexamination Control 90/006,825
Patent 6,457,239 B1
57. McLaughlin does not contest the Examiner's findings in these regards.
(Br. at 11–12.)
58. The Examiner finds further that Villwock teaches that the magnet
support material is flexible, as required by claim 4; that the magnet support
material extends beyond the magnetically charged faces, as required by
claim 6; and that all parts of the Villwock sheaths were capable of being
cleaned, as required by claim 8. (Answer at 4.)
59. McLaughlin does not contest the Examiner's findings in these regards.
(Br. at 11–12.)
60. The Examiner also finds that the magnets, as required by claim 3, are
"lightweight" due to their small size. (Answer at 4.)
61. McLaughlin protests that "Patent Owner simply cannot understand
why the Examiner insists on such a reading of Villwock." (Br. at 12.)
62. The Examiner finds that Villwock discloses sheath made from a
"single piece" of "flexible material" because the stitching rendered the front
wall inseparable from the back wall, thereby meeting the further limitations
of claim 7. (Answer at 4.)
63. McLaughlin argues that "Villwock clearly claims a two-piece magnet
support . . . There is simply no basis for the Examiner's assertion that the
Villwock magnet support is a single structure." (Br. at paragraph
bridging 12-13.)
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