Appeal No. 96-1303
Application 08/098,516
in the art that "when the catch means is in the connected
position" means "when the separate components of the
attachment portion are connected by the previously-recited
catch means." We do not consider that one of ordinary skill
would have any doubt as to the meaning of "the connected
condition," even though that precise wording does not appear
elsewhere in claim 1, and would find the bounds of the claimed
subject matter to be distinct.
We therefore will not sustain rejection (1).
Rejection (2)(a)
In considering whether it would have been obvious to
combine Hopkins and Caveney in the manner proposed by the
examiner, we note that:
Obviousness cannot be established by
combining the teachings of the prior art to
produce the claimed invention, absent some
teaching or suggestion supporting the
combination. Under section 103, teachings
of references can be combined only if there
is some suggestion or incentive to do so.
ACS Hosp. Sys., Inc. v. Montefiore Hosp., 732 F.2d 1572, 1577,
221 USPQ 929, 933 (Fed. Cir. 1984)(original emphasis;
footnotes omitted).
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