Ex parte OHMI et al. - Page 9




          Appeal No. 1997-4077                                                        
          Application No. 08/441,989                                                  


          ordinary skill in the art (see In re Bozek, 416 F.2d 1385,                  
          1390, 163 USPQ 545, 549 (CCPA 1969)).  Moreover, skill is                   
          presumed on the part of those practicing in the art.  See In                
          re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir.                  
          1985).                                                                      
               We are informed by appellants’ specification that                      
          stainless steel is silver white in color.  Copper is, of                    
          course, copper-colored.  Thus, the gasket 3 shown in                        
          Shinohara, when made of copper as suggested by Shinohara,                   
          would inherently be “distinctly colored making the gasket                   
          discernable from” the stainless steel joint members 1 and 2.                
               In view of the above analysis, Shinohara, alone, teaches               
          or suggests each and every limitation of claim 1.  Assuming,                
          for argument sake, that Shinohara does not suggest joint                    
          members made                                                                




          of stainless steel, Babuder specifically teaches, inter alia,               
          a                                                                           
          fluid coupling or pipe joint having first and second coupling               
          components 10 and 12 manufactured from stainless steel (col.                
                                          9                                           





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007