Ex Parte Falke - Page 15



            Appeal 2007-1558                                                                               
            Application 10/635,362                                                                         
            (e.g., the writing[s] are located there between, see Fig. 1)” (Answer 4).  See also            
            Finding of Fact 24.  Appellant has not provided any argument or evidence                       
            challenging the Examiner’s finding.  As such, we sustain the Examiner’s rejection              
            of claim 2 under 35 U.S.C. § 103(a) as unpatentable over Hardin.                               
                  The Examiner also found that “the use of lines on members to aid in adding               
            written material thereon (so that the words/letters are written in a straight line) is         
            well known in the art” and held that it “would have been an obvious design                     
            consideration” to etch grooves in the plaque of Greiwe in order to provide a guide             
            for inscribing the plaque in a straight line (Answer 6).  The Examiner further                 
            bolstered his finding by citing O’Connor (Answer 10).  Appellant has not provided              
            any argument or evidence challenging the Examiner’s holding.  As such, we                      
            sustain the Examiner’s rejection of claim 2 under 35 U.S.C. § 103(a) as                        
            unpatentable over Greiwe.                                                                      
                  The Examiner found that the fasteners 17 of McClintock are the claimed                   
            markings that provide guidance for attaching/storing the writings (Answer 6).                  
            Appellant has not provided any argument or evidence challenging the Examiner’s                 
            finding.  Furthermore, we note that McClintock’s vertical front walls 16 include               
            markings (i.e., the section indications) which provide guidance for storing the                
            writings (Finding of Fact 17).  As such, we sustain the Examiner’s rejection of                
            claim 2 under 35 U.S.C. § 103(a) as unpatentable over McClintock.                              
                  Claim 6, which depends from claim 3, further requires that the member                    
            comprises a drawer.                                                                            
                  The Examiner found that Hardin satisfies the limitation of claim 6 in as                 

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