Appeal 2007-2227
Application 10/778,963
The Examiner finds “that the subject matter as a whole would have been
obvious at the time the invention was made to a designer having ordinary skill in
the art to which said subject matter pertains”. (Answer 3.)
With respect to claim 1, the Examiner finds
Cayton teaches of an extension (22,24) for use with a necklace
(12,20) comprising: said extension (22) being of an unitary
construction and including a body with a center region (26) with a pair
of opposed, side by side spiral regions (30, 38) extending from
opposite ends of said center region (26); each of said spiral regions
(30, 38) spiraling inwardly with a continuously decreasing radius;
each of said spiral regions (30, 38) being sufficiently large and being
sized and shaped so as to [be adapted] to join with either spiral region
(32,40) of another extension (24).
((Id.) (modification in original).)
The Examiner recognizes
[t]he difference between the claim and Cayton is that Cayton does not
expressly disclose that the side by side spiral regions (30, 38) are
reverse mirrored spiral regions; that said spiral regions (30,38) have a
decreasing radius for greater than one full revolution; and that both of
said extensions (22) will lay flat with respect to each other when they
are joined together.
(Id. at 4.)
The Examiner relies on Cloud for its disclosure of
(Figs. 32-34) various spiral regions (162,164,168,170,174,176), the
structures of which allow interlocking between said spiral regions to
help fasten free ends of an ornamental loop. In addition, Cloud
discloses that said spiral regions (162,164) have a decreasing radius
for greater than one full revolution; and that both of said extensions
will lay flat with respect to each other when they are joined together
(Figs. 32-34). At the time of invention, it would have been obvious to
one having ordinary skill in the art, having the disclosures of Cayton
and Cloud before him at the time the invention was made, to modify
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