Appeal No. 98-0806
Application No. 08/693,588
Goodrich Co. V. Aircraft Braking Systems Corp., 72 F.3d 1577,
1582, 37 USPQ2d 1314, 1318 (Fed. Cir. 1996) and In re Nilssen,
851 F.2d 1401, 1403, 7 USPQ2d 1500, 1502 (Fed. Cir. 1988)).
Rather, obviousness is established by what the combined
teachings of the references would have suggested to one of
ordinary skill in the art. See In re Young, 927 F.2d 588,
591, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller,
642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).
As the examiner has noted, Fritzberg in the embodiment of
Fig. 5 teaches a device for protecting pipes against damage
due to the freezing of aqueous fluids contained therein (see,
e.g., column 1, lines 4-18) including a clip 17 for attaching
or supporting a resilient cylindrical core 20 on the interior
of the pipes. The clip 17 of Fritzberg has a coiled portion
having an axial extent and thus cannot be considered to be
"substantially planar" as claimed. Bellows, however, teaches
that clips for attaching or supporting a cylindrical core 16
on the interior of a tubular member may be either (1) of the
"substantially planar" type as shown in Fig. 3 or (2) of the
type having a coiled portion with an axial extent as shown in
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