Appeal No. 2000-1298
Application 08/938,779
the invention as a whole as 35 U.S.C. § 103 requires, as we
believe the examiner has done in the present case. See, e.g.,
Hybritech Inc. v. Monoclonal Antibodies, Inc., 802 F.2d 1367,
1383, 231 USPQ 81, 93 (Fed. Cir. 1986), cert. denied, 480 U.S.
947 (1987).
Since we have determined that the teachings and
suggestions found in Knocke considered with those of Gire
would not have made the subject matter as a whole of claims 10
through 13 on appeal obvious to one of ordinary skill in the
art at the time of appellants’ invention, we must refuse to
sustain the examiner’s rejection of those claims under 35
U.S.C. § 103.
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