Appeal 2007-2577
Application 90/006,344
does not expressly say anything about what was known at the time of filing.
Prazoff provides little or no guidance on the materials and methods used to
fabricate the components of his invention. From Prazoff's silence we infer
that those skilled in the art were proficient in fabricating rope lights with
little or no additional guidance.64
Chen and Tsui, which predate Prazoff by roughly a decade, provide
some additional guidance. Chen discloses different lighting-circuit options65
and discusses the use of polyvinyl chloride tubing for protection and water
proofing.66 Tsui also provides lighting-circuit diagrams67 and suggests the
use of a rubber gasket for water-proofing the connections. Both Chen and
Tsui close their written disclosures with expressions of confidence that those
in the art will readily appreciate modifications that can be made to their
respective inventions.
Prazoff has not pointed us to testimony regarding the level of skill in
the art. We have reviewed the two Prazoff declarations regarding
commercial success for the sake of completeness. The declarations, to the
extent they could be considered relevant on the question of skill, are
consistent with the discussion above.
We find that one of skill in the art at the time the Prazoff application
was filed would have been broadly familiar with materials and methods of
fabrication used in making rope lights and similar flexible lighting devices.
In particular, the artisan would have known of materials and structures used
64 We presume for the purposes of this appeal that Prazoff's disclosure is
enabling. Ex parte Bhide, 42 USPQ2d 1441, 1447 (BPAI 1996).
65 Chen FIGS. 2 and 5.
66 Chen 1:42-45, noting that "PVC" is flexible, but shock and water resistant.
67 Tsui FIGS. 4 and 5.
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