Ex parte DE BYKHOVETZ et al. - Page 5




           Appeal No. 1998-2057                                                  Page 5              
           Application 08/331,541                                                                    


           may be grouped into three separate groups.  In accordance with                            
           37 C.F.R. § 1.192(c)(7), we select independent claim 23 as                                
           being representative of Group II and independent claim 28 as                              
           being representative of Group III.  We have decided this                                  
           appeal as to claims 23 through 31 on the basis of these claims                            
           alone, with the claims dependent on claims 23 and 28 standing                             
           or falling with their respective independent claim.                                       
                 In our evaluation of the applied prior art, we have                                 
           considered all of the disclosures of the respective relied                                
           upon prior art for what it fairly teaches one having ordinary                             
           skill in the art.  See In re Boe, 355 F.2d 961, 965, 148 USPQ                             
           507, 510 (CCPA 1966).  Further, we have taken into account not                            
           only the specific teachings of the prior art relied upon, but                             
           also the inferences which one skilled in the art would                                    
           reasonably be expected to draw from each disclosure.  See In                              
           re Preda,                                                                                 
           401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).  In this                                
           regard, we note that we have presumed skill on the part of the                            
           artisan practicing the art here involved, rather than the                                 
           converse.  See In re Sovish, 769 F.2d 738, 742, 226 USPQ 771,                             
           774 (Fed. Cir. 1985).                                                                     







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