Ex parte RITTMUELLER et al. - Page 6




          Appeal No. 98-2325                                                          
          Application No. 08/546,116                                                  


          not only by Sakaki, but also by Belley and Williams. Williams               
          expressly recognizes the advantageous utilization of a                      
          polyurethane foam liner in an exhaust air muffler for a vacuum              
          unit for reducing air exhaust noise (see column 2, lines 22-                
          26). The Belley patent itself also recognizes the advantageous              
          utilization of a noise-absorbing polyurethane liner in a                    
          muffler, albeit in a silencer 22 for the motor-cooling fan 20               
          in the central vacuum cleaning unit.                                        
               In light of the foregoing evidence, it follows that the                
          advantages of utilizing noise-absorbing foam liners in air                  
          exhaust liners mufflers for reducing noise due to air flow                  
          were known in the art at the time of appellants’ invention,                 
          thus providing the motivation or suggestion for one of                      
          ordinary skill in the art to provide Belley’s exhaust air                   
          muffler 18 with a foam, noise-absorbing liner. In this regard,              
          the skilled artisan is presumed to know something more about                
          the art than what the references expressly disclose. See In re              
          Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319 (CCPA 1962).                   
          Thus, contrary to appellants’ argument regarding a lack of                  
          suggestion on page 3 of the brief, we share the examiner’s                  
          view that it would have been obvious to provide Belley’s                    
                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007