Ex parte KUSSER - Page 7




          Appeal No. 98-1447                                                          
          Application 08/385,356                                                      


          board makes the determination that it would have been obvious               
          to one having ordinary skill in the art to substitute a liquid              
          for air in the bearing of Unterberger, based upon the                       
          knowledge in the art as reflected in the teaching of Blizard.               
          As we see it, the motivation on the part of one having                      
          ordinary skill for making this modification would have simply               
          been to obtain the expected benefit of a liquid, when the                   
          known compressibility disadvantage of air would be adverse for              
          a particular use.  Our position on this matter presumes skill,              
          of course, on the part of those practicing this art, not the                
          converse.  See In re Sovish, 769 F.2d 738, 742, 226 USPQ 771,               
          774 (Fed. Cir. 1985).                                                       


               The argument of appellant in the main and reply briefs                 
          does not persuade us of error on the part of the examiner in                
          rejecting claim 1 under 35 U.S.C. § 103.  Unlike appellant                  
          (main brief, page 12), we concluded, supra, that the combined               
          teachings of the applied references would have been suggestive              
          of using liquid with the bearing of Unterberger and thereby                 




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