Appeal 2007-1400
Reexamination Control 90/006,825
Patent 6,457,239 B1
not be read into the claims. A general definition of "adhere" is "to hold fast
or stick by or as if by gluing, suction, grasping, or fusing." Webster's Third
New Int'l Dictionary (1971). The laminating sheet 4 of Eldridge holds fast
or sticks the magnets to the support as if by gluing, etc., both when an
adhesive coating is used (Eldridge at 3: 20-21) and when the laminating
sheet sticks to the support without an additional adhesive coating.
Accordingly, we find that every limitation is met, and that
McLaughlin has not carried his burden of showing that the Examiner
committed reversible error. The rejection of claims 1–20 for anticipation
over Eldridge is AFFIRMED.
Obviousness in view of Villwock and Eldridge
We address this rejection primarily to explain our decision to the
appellant, as secondary considerations supporting a conclusion of
nonobviousness have no bearing on the conclusions we have already reached
that the claimed subject matter is anticipated.
The Examiner rejects claims 1–20 as obvious under 35 U.S.C. § 103
over the combined teachings of Villwock and Eldridge. The Examiner
argues that the limitations not taught by Villwock are taught by Eldridge.
Moreover, according to the Examiner, it would have been obvious to one of
ordinary skill in the art to modify the Villwock sheath by using the flexible
sealing material taught by Eldridge, in order to better keep the magnets in
position, and to arrange the magnets in opposed polar opposite
configurations in order to better keep the sheath closed. (Answer at 5–6.)
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