Ex parte ELMORE - Page 8




                 Appeal No. 1999-1784                                                                                                                   
                 Application 08/710,853                                                                                                                 


                          Applying the test for obviousness,  we reach the             3                                                                
                 conclusion that it would have been obvious to one having                                                                               
                 ordinary skill in the art, from a combined assessment of the                                                                           
                 applied teachings, to coat surfaces of the housing 3 of                                                                                
                 Pacosz, about the ultraviolet device 11, with a reflective                                                                             
                 paint.  From our perspective, one having ordinary skill in the                                                                         
                 art would have been amply motivated to make the aforementioned                                                                         
                 modification to gain the expected benefit of reflecting                                                                                
                 ultraviolet rays to intensify and control  radiation,                                                                                  
                 following the teaching of Berlant.  For these reasons, we                                                                              
                 support the rejection of claim 10.  As to the content of claim                                                                         
                 11, it is our opinion that applying primer before painting to                                                                          
                 assure proper paint adherence would have been obvious as                                                                               
                 simply the exercise of a well known practice.  One of ordinary                                                                         
                 skill would have been expected to rely upon known practices to                                                                         
                 obtain                                                                                                                                 



                          3The test for obviousness is what the combined teachings                                                                      
                 of 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).                                                                                                             

                                                                           8                                                                            





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

Last modified: November 3, 2007