Ex parte EICHLER et al. - Page 7




          Appeal No. 1996-3367                                       Page 7           
          Application No. 08/480,554                                                  

          comparison Example 2 that discloses a ratio of catalyst                     
          components within the claimed range whether considered as a                 
          ratio of 0.33 as reported by Böttger or as a ratio of 0.28 as               
          suggested may be the case by appellants (brief, page 6).  In                
          this regard, a reference may be relied upon for all that it                 
          would have reasonably suggested to one having ordinary skill                
          the art, including non-preferred embodiments.  Merck & Co.  v.              
          Biocraft Labs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846               
          (Fed. Cir.), cert. denied, 493 U.S. 975 (1989).  Moreover, in               
          evaluating such references it is proper to take into account                
          not only the specific teachings of the references but also the              
          inferences which one skilled in the art would reasonably be                 
          expected to draw therefrom.  In re Preda, 401 F.2d 825, 826,                
          159 USPQ 342, 344 (CCPA 1968).                                              
               "The use of patents as references is not limited to what               
          the patentees describe as their own inventions or to the                    
          problems with which they are concerned.  They are part of the               
          literature of the art, relevant for all they contain."  In re               
          Heck, 699 F.2d                                                              











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