Ex Parte Nozik et al - Page 8

                Appeal  2007-1812                                                                            
                Application 10/759,713                                                                       

                that the combination of Silverberg with Allen “does not result in a fastener                 
                positioned within a perimeter of a strap (Br. 5).1                                           
                      Appellants also argue that Allen “emphasizes the stretchable, elastic                  
                qualities of its device while Silverberg explicitly discloses a wrap that                    
                snugly fits around a body area without the need for elastic bands” (Br. 5-6).                
                Appellants conclude that “one of skill in the art would not likely look from                 
                multiple panel wraps that explicitly avoid the use of elastic bands                          
                (Silverberg) to stretchable elastic devices (Allen) to arrive at the invention as            
                recited in claim 1” (id. at 6).                                                              
                      We are not persuaded by this argument.  The Examiner is relying on                     
                Allen to demonstrate that it would have been obvious to use a single fastener                
                positioned completely within the perimeter of the strap.  Although                           
                Silverberg describes a wrap that “snugly fit[s] around a body area without                   
                the need for . . . elastic bands” (Silverberg, col. 2, ll. 12-13) and Allen                  
                describes a support member formed from an “elastic material which is                         
                capable of stretching in multiple directions” (Allen, col. 2, ll. 63-67), we do              
                not agree that one of ordinary skill in the art would not look to Allen for                  
                ways to fasten a strap around a body area.  “The combination of familiar                     
                elements according to known methods is likely to be obvious when it does                     
                no more than yield predictable results.”  KSR Int’l v. Teleflex Inc., 127 S. Ct.             
                1727, 1739, 82 USPQ2d 1385, 1395 (2007).                                                     
                      Appellants raise substantially the same arguments for claim 16 that                    
                are raised for claim 1 (Br. 7).  We are not persuaded by these arguments for                 
                the reasons discussed above.                                                                 
                                                                                                            
                1 In fact, Allen appears to anticipate claim 1.                                              

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