Appeal 2007-2637
Application 10/741,269
reason to pursue the known options within his or her technical grasp. If this
leads to the expected success, it is likely the product not of innovation but of
ordinary skill and common sense. The fact that a combination was obvious
to try might show that it was obvious under §103.29 In the mass-produced,
folded, orthogonal paper art, there is a small number (2) of common mid-
line folds (orthogonal and parallel). Those skilled in the art of high-speed
mailing inserts would have been aware of the folding options available and
the mechanisms for implementing those options. Given the small number of
common, practical mid-line fold options, it does not take much reason to try
one or the other. The never-ending search for aesthetic variation could be
reason enough.
HOLDING
The rejection of claims 1 and 2 under § 103 is—
AFFIRMED
LP
Michael J. Cummings
PITNEY BOWES INC.
INTELLECTUAL PROPERTY AND TECHNOLOGY LAW DEPT.
35 WATERVIEW DRIVE
P.O. BOX 3000
SHELTON, CT 06484
29 KSR Int'l, 127 S. Ct. at 1742, 82 USPQ2d at 1397.
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