Ex parte BALMER - Page 4




          Appeal No. 96-1014                                                          
          Application 08/032,530                                                      

                                      OPINION                                         
          Grouping of claims                                                          
               The examiner's statement (EA2) that appellant has not                  
          presented arguments in support of the independent                           
          patentability of identified groups of claims is in error.                   
          Appellant has argued the separate patentability of claims                   
          23, 26-30, 33-35, 39, 43, and 44.                                           

          Obviousness                                                                 
               We find the references to be representative of the                     
          level of ordinary skill in the art.  See In re Oelrich,                     
          579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978) ("the PTO                    
          usually must evaluate both the scope and content of the                     
          prior art and the level of ordinary skill solely on the cold                
          words of the literature"); In re GPAC Inc., 57 F.3d 1573,                   
          1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (the Board did                  
          not err in adopting the approach that the level of skill in                 
          the art was best determined by the references of record).                   
          Obviousness is determined through the eyes of one of                        
          ordinary skill in the art and one of ordinary skill in the                  
          art must be presumed to know something about the art apart                  
          from what the references expressly disclose.  See                           
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