Ex parte MARTIN et al. - Page 6




          Appeal No. 97-0145                                                          
          Application 08/073,327                                                      


          skill in the art without any specific hint or suggestion in a               
          particular reference.  See In re Bozek, 416 F.2d 1385, 1390, 163            
          USPQ 545, 549 (CCPA 1969).  Further, in an obviousness                      
          assessment, skill is presumed on the part of the artisan, rather            
          than the lack thereof.  In re Sovish, 769 F.2d 738, 742, 226 USPQ           
          771, 774 (Fed. Cir. 1985).                                                  
               Claim 12 depends from claim 11 and has been rejected as                
          being unpatentable over Bettinger.  As we concluded above,                  
          Bettinger discloses all of the subject matter of claim 11.                  
          Bettinger further discloses that the pockets are in the base and            
          the projections are in the cover, as is added by dependent claim            
          12.  Thus, Bettinger establishes a prima facie case of                      
          obviousness with regard to the subject matter of this claim.                
               Claim 13 adds to claim 11 the limitation that each                     
          projection end wall is angled and is complementary to the walls             
          of the pockets.  Among the several embodiments of the                       
          interlocking devices disclosed by Bettinger is one in which                 
          complementary angled walls are present in both the projections              
          and the pockets (Figure 7).  It is our view that one of ordinary            
          skill in the art would have found it obvious to utilize                     
          complementary angled walls on both the projections and the                  
          pockets in view of this teaching.  Suggestion for such is found             

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