Ex parte MCCARTHY et al. - Page 4




          Appeal No. 97-3289                                                          
          Application 08/550,895                                                      



          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                 
          that the claimed invention must expressly be suggested in any               
          one or all of the references, however, for 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 Elec. Prods., 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, 742, 226 USPQ 771, 774 (Fed. Cir. 1985)).                         
                    The objective of the appellants’ invention is to                  
          provide a number of improvements over prior art air                         
          mattresses, such as the one disclosed in Nail, which was                    
          mentioned in the appellants’ specification and was applied by               
          the examiner as the primary reference.  The invention is                    

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