Ex parte SHIVELY - Page 17




          Appeal No. 93-3623                                         Page 17           
          Application 07/629,690                                                       
               Hara                                                                    
               51. Hara teaches the use of a "column end fitting plug."                
          (2:35-36.)                                                                   
               Winter                                                                  
               52. Winter teaches threaded plugs 34 & 42.  (2:29-32                    
          & 45-47.)                                                                    
               Hrdina                                                                  
               53. Hrdina does not add any relevant teachings or                       
          suggestions directed to the excerpted limitations.                           
               The teachings of the art as a whole                                     
               54. We find that Hrdina, Winter, and Hara do not provide                
          sufficient guidance from which a person having ordinary skill in             
          the art could reasonably "determine the most appropriate cap                 
          attachment means" (Paper 21 at 12) and come up with the                      
          structural features recited in claim 19.                                     
          F.   Additional findings                                                     
               55. We find, based on the references, most of which are                 
          assigned to, or otherwise appear to originate from, academic                 
          research institutions, that the level of skill in the art is                 
          quite high.  In re GPAC Inc., 57 F.3d 1573, 1579, 35 USPQ2d 1116,            
          1121 (Fed. Cir. 1995).                                                       
               56. To the extent that Appellant is urging that his results             
          are unexpectedly good, we find that his arguments and evidence of            
          record neither substantially support that finding nor                        






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