Appeal No. 97-0145
Application 08/073,327
portion, and two side portions” (emphasis added), which is all
that the claim requires. As for intended use, it is our view
that these elements not only are capable of acting as locators
during the assembly of the base and the cover of the cartridge
housing, but do perform such a function. Whether or not they
capture or control the flash resulting from ultrasonic welding is
of no import, for claim 11 does not even mention this function,
much less recite structure which accomplishes it.
All of the language set forth in claim 11 reads on
Bettinger, and thus this rejection is worthy of being sustained.
The Rejections Under 35 U.S.C. § 103
The question under 35 U.S.C. § 103 is not merely what the
references expressly teach but what they would have suggested to
one of ordinary skill in the art at the time the invention was
made. See Merck & Co., Inc. v. Biocraft Laboratories, Inc., 874
F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989) and In re
Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981). While
there must be some suggestion or motivation for one of ordinary
skill in the art to combine the teachings of references, it is
not necessary that such be found within the four corners of the
references themselves; a conclusion of obviousness may be made
from common knowledge and common sense of the person of ordinary
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