Ex parte SCOTT - Page 12




          Appeal No. 98-0605                                                          
          Application 08/383,191                                                      


          159 USPQ 342, 344 (CCPA 1968)).  Moreover, the issue of obvi-               
          ousness is not only determined by what the references ex-                   
          pressly state, but also is determined by what they would                    
          fairly suggest to those of ordinary skill in the art.  See,                 
          e.g., In re Delisle, 406 F.2d 1386, 1389, 160 USPQ 806, 808-09              
          (CCPA 1969) and In re Bozek, 416 F.2d 1385, 1390, 163 USPQ                  
          545, 549-50 (CCPA 1969).                                                    
               Whitman discloses a method and apparatus for renewing or               
          drying a roof system (column 1, lines 66-68) having a deck 30,              
          insulation material 25 and a roof covering comprising a rubber              
          sheath 10 (column 3, lines 54 and 55).  To this end, Whitman                
          provides a housing (elements 100,105 - see Fig. 3), a blower                
          fan 120 for exhausting substantially all of the air blown                   
          thereby into the roof system between the roof covering and the              
          insulation, and vents 800A-D.  Viewing Figs. 3 and 7, and                   
          taking into consideration the nature of Whitman's method and                
          apparatus, the artisan would reasonably infer that the roof                 
          covering 10 is sealed to the housing 100,105.  The method and               
          apparatus of Whitman are not "substantially free of conduits                
          which are internal to the roof system" as claimed.  However,                


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