Ex parte BUTTERWORTH - Page 12




          Appeal No. 1998-2029                                      Page 12           
          Application No. 08/258,643                                                  


               The test for obviousness is what the combined teachings                
          of the references would have suggested to one of ordinary                   
          skill in the art.  See In re Young, 927 F.2d 588, 591, 18                   
          USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d               
          413, 425, 208 USPQ 871, 881 (CCPA 1981).  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).  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).                      


               It is our opinion that Morris suggests a device having a               
          pouch capable of being sealed in a fluid tight manner to allow              
          disposal of the drape.  In that regard, Morris teaches that                 
          the  purpose of the adhesive surface is to allow the fluid                  
          collection bag to be sealed after the completion of the                     
          surgical procedure so that the fluid will not escape from the               
          bag as the drape is being removed from the patient.  The                    
          appellant's position that the drawings of Morris indicate that              







Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007