Ex parte BECKER - Page 11




          Appeal No. 2000-0574                                                        
          Application No. 08/876,321                                                  


               We turn now to the examiner's rejection of claim 15,                   
          which depends from claim 14 and further requires banding means              
          to secure the side members and lid assembly together, as being              
          unpatentable over Porch in view of MacDonald.  We note that                 
          Porch does not expressly disclose any means for holding the                 
          stacked panels together in the unassembled condition for                    
          shipping.  We also observe, however, that, while there must be              
          some suggestion or motivation for one of ordinary skill in the              
          art to combine the teachings of references, it is not                       
          necessary that such be found within the four corners of the                 
          references themselves; a conclusion of obviousness may be made              
          from common knowledge and common sense of the person of                     
          ordinary skill in the art without any specific hint or                      
          suggestion in a particular reference.  See In re Bozek, 416                 
          F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).        In our               
          view, one of ordinary skill in the art at the time of                       
          appellant's invention would have appreciated the desirability               
          of securing the stacked panels together for shipping to                     
          prevent them from sliding around the railroad car or flatbed                
          truck (column 6, line 66).  Further, the use of straps or                   
          bands for use in securing items together was well known in the              
                                         11                                           





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007