Appeal 2007-1400
Reexamination Control 90/006,825
Patent 6,457,239 B1
79. The Examiner finds that Eldridge teaches (and claims) such an
arrangement, as well as flexible magnets. (Answer at 6.)
80. The Examiner concludes that it would have been obvious for one of
ordinary skill in the art to arrange magnets in the manner taught by Eldridge
to better hold the hinged flaps of Villwock's sheath together. (Answer at 6.)
81. The Examiner also concludes that it would have been obvious for one
of ordinary skill in the art to substitute the magnet material and magnet
support material of Villwock because they are recognized as equivalent to
those of Villwock for the same purposes.
82. McLaughlin does not dispute any of the Examiner's findings of fact,
nor the propriety of the Examiner's conclusions of obviousness as a prima
facie case. (Br. at 8-11.)
83. Rather, McLaughlin argues that evidence of commercial success, as
shown by Mr. McLaughlin's declaration, proves the nonobviousness of the
claimed invention. (Br. at 8.)
84. According to McLaughlin, Mr. McLaughlin entered into an "exclusive
negotiating agreement" with Dexter-Russell, and then with other companies
when Dexter-Russell broke off negotiations in the fall of 2003. (Br. at 8.)
85. According to Mr. McLaughlin, he entered into a license agreement
with Forschner/Swiss Army in which Forschner/Swiss Army agreed to
purchase a minimum of 50,000 units per year. (McLaughlin Declaration
filed 14 November 2004, at 1-2)
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