Appeal 2007-1400
Reexamination Control 90/006,825
Patent 6,457,239 B1
1727, 1731 82 USPQ2d 1385, 1396 (2007). The so-called "secondary
considerations," e.g., commercial success, long felt but unsolved needs,
failure of others, may shed light on whether there is indeed more than
expected in the claimed combination. Graham, 383 U.S. at 17-18, 148
USPQ at 460.
Anticipation by Villwock
The Examiner rejects claims 1, 3, 4, 6, 7, and 8 as anticipated by
Villwock. In particular, the Examiner finds that Villwock describes in
Figures 6 and 7 a device for securing knives having at least two magnetically
charged faces and a magnet support having a central hinge, wherein the
magnets cover part of the knife blade. (Answer at 4.) These are all the
elements required by claim 1. Similarly, the Examiner finds 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.)
McLaughlin does not contest the Examiner's findings in these regards.
(Br. at 11–12.) Accordingly, we hold that McLaughlin has waived argument
as to these findings of fact, and we find that claims 1, 4, 6, and 8 are
anticipated by Villwock.
The Examiner finds that the Villwock magnets are "lightweight"
based on their small size. (Answer at 4.) McLaughlin protests that this is
incomprehensible, but we are not persuaded that the Examiner erred.
McLaughlin's disclosure contains no special definition of the term
-20-
Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: September 9, 2013