Appeal 2007-1400
Reexamination Control 90/006,825
Patent 6,457,239 B1
71. Moreover, according to McLaughlin, the 239 patent "does not claim
or teach the use of plastic laminate . . . to attach the magnets to the magnet
support." (Br. at 13.)
72. McLaughlin concludes that Eldridge does not teach a limitation of the
claimed subject matter, and that the rejection for anticipation is therefore
improper. (Br., paragraph bridging 13–14.)
73. The Examiner points out that Eldridge teaches that an adhesive can be
used to adhere the magnets to the support. (Answer at 11, citing Eldridge
at 3: 20.)
Villwock and Eldridge
74. The Examiner rejects claims 1–20 as obvious under 35 U.S.C. § 103
over the combined teachings of Villwock and Eldridge. (Answer at 5-6.)
75. The Examiner finds that Villwock's magnets are neither flexible nor
sealed. (Answer at 6.)
76. The Examiner finds further that Eldridge teaches sealing magnets with
a flexible sealing material. (Answer at 6.)
77. The Examiner concludes that one of ordinary skill would have used a
flexible sealing material such as that taught by Eldridge to seal Villwock's
magnets in order to keep the magnets from falling out of the pockets.
(Answer at 6.)
78. The Examiner also finds that Villwock does not teach opposed, polar
opposite oriented magnets. (Answer at 6.)
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