Ex parte LEATHERMAN et al. - Page 9




                     Appeal No. 97-4206                                                                                                                                                
                     Application 08/662,263                                                                                                                                            


                     approximately a 90E angle and has effectively a zero radius of                                                                                                    
                     curvature on the inside corner (see Figs. 1-3).  Taken as a                                                                                                       
                     whole, the teachings of the admitted prior art and Rohrer '143                                                                                                    
                     establish that the provision of generally perpendicularly-                                                                                                        
                     extending flanges on the ends of spring arms having (1) a                                                                                                         
                     radius of curvature on the inside corner and (2) effectively a                                                                                                    
                     zero radius of curvature on the inside corner, are art-                                                                                                           
                     recognized alternatives which are well known, and the                                                                                                             
                     respective advantages and disadvantages of each would have                                                                                                        
                     been apparent to one of ordinary skill in the art.  See, e.g.,                                                                                                    
                     In re Heinrich, 268 F.2d 753, 756, 122 USPQ 388, 390 (CCPA                                                                                                        
                     1959).  Applying the test for obviousness  as set forth in In                           4                                                                         
                     re Keller, 642 F.2d at 425, 208 USPQ at 881, we are convinced                                                                                                     
                     that one of ordinary skill in this art would have found it                                                                                                        
                     obvious to provide the flange 318 of the admitted prior art                                                                                                       
                     with an effectively zero radius of curvature on the inside                                                                                                        
                     corner in view of the teachings of Rohrer '143.                                                                                                                   


                                4    The test for obviousness is not whether the features of a secondary reference                                                                     
                     may be bodily incorporated into the structure of the primary reference; nor is it that                                                                            
                     the claimed invention must be expressly suggested in any one or all of the references.                                                                            
                     Rather, the test is what the combined teachings of the references would have suggested                                                                            
                     to those of ordinary skill in the art.                                                                                                                            
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