Appeal 2007-1400
Reexamination Control 90/006,825
Patent 6,457,239 B1
Anticipation by Eldridge
64. The Examiner rejects claims 1–20 as anticipated by Eldridge.
(Answer at 4.)
65. The Examiner finds that Eldridge describes a device, shown in Figure
1, for securing a knife having opposed and polarized magnetically charged
faces and a magnet support having a central hinge, wherein the magnets
cover part of the knife blade. (Answer at 4.)
66. The Examiner finds that the further limitations recited in each of the
dependent claims are met by specific elements in Eldridge. (Answer at 5.)
67. McLaughlin does not contest the Examiner's findings summarized in
facts 65 and 66 in these regards. (Br. at 11–12.)
68. However, McLaughlin argues that Eldridge does not teach "adhering"
the "impervious thin plastic laminate 4" to the magnet support with an
adhesive or a thermal bond. (Br. at 13.)
69. More particularly, McLaughlin argues that "[i]t is clear that use of a
plastic laminate requires far more material and is a different method of
attachment than using glue, and demonstrates that Eldridge does not teach
every element found in McLaughlin." (Br. at 13.)
70. McLaughlin argues further that the term "adhered" is defined in the
patent as either "the application of adhesive . . . or the application of heat to
form a thermal bond." (Br. at 13; ellipsis introduced.)
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