Appeal 2007-1917
Application 10/222,660
FINDINGS OF FACT
We find that the following enumerated findings are supported by at least a
preponderance of the evidence. Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1427,
7 USPQ2d 1152, 1156 (Fed. Cir. 1988) (explaining the general evidentiary
standard for proceedings before the Office).
1. As shown in Figures 4 and 5, Boeniger discloses a complete display
frame 12, with a plurality of spaced apart frame elements 1, each having
individual rail-like protrusions 5, where the frame elements are spaced
about the perimeter of the back of frame 12 and attached to the frame 12
by clamping fasteners 13-16 (Boeniger, col. 2, l. 57 – col. 3, ll. 27,
Figs. 4, 5). As such, Boeniger discloses a first part of the fastener
(i.e., the frame element 1 having rail-like projection 5) fixed on the
support structure (i.e., frame 12) by means of clamping fasteners 13-16.
2. Boeniger does not disclose a single ridge that extends around the entire
back of the frame.
3. Boeniger discloses eyes 8 that are permanently affixed to the
reproduction 7 (or signage) (Boeniger, col. 2, ll. 16-18 and Fig. 3).
4. Boeniger’s fasteners (i.e., rail-like protrusion 5, spring 6, and eye 8) can
be engaged and disengaged by hand without a tool by merely hooking
one of the spring 6 around the protrusion 5 and the other end of the
spring 6 through the eye 8 (Boeniger, col. 2, ll. 13-18 and Fig. 1).
5
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Last modified: September 9, 2013