Ex parte LUTHER - Page 4




          Appeal No. 97-0773                                                          
          Application No. 08/101,391                                                  


          teachings of the prior art itself would appear to have suggested            
          the claimed subject matter to one of ordinary skill in the art              
          (see In re Bell, 991 F.2d 781, 783, 26 USPQ2d 1529, 1531 (Fed.              
          Cir. 1993))).  This is not to say, however, that the claimed                
          invention must expressly be suggested in any one or all of the              
          references, rather, the test for obviousness is what the combined           
          teachings of the references would have suggested to one of                  
          ordinary skill in the art (see Cable Electric Products, Inc. v.             
          Genmark, Inc., 770 F.2d 1015, 1025, 226 USPQ 881, 886-87 (Fed.              
          Cir. 1985)), considering that a conclusion of obviousness may be            
          made from common knowledge and common sense of the person of                
          ordinary 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)), with skill being presumed on the            
          part of the artisan, rather than the lack thereof (see In re                
          Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985)).             
          Insofar as the references themselves are concerned, we are bound            
          to consider the disclosure of each for what it fairly teaches one           
          of ordinary skill in the art, including not only the specific               
          teachings, but also the inferences which one of ordinary skill in           
          the art would reasonably have been expected to draw therefrom               


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