Appeal No. 1999-2148 Page 5
Application No. 08/864,947
the prior art as a whole, rather than expressly stated in the
references. See WMS Gaming, Inc. v. International Game Tech.,
184 F.3d 1339, 1355, 51 USPQ2d 1385, 1397 (Fed. Cir. 1999).
The test for an implicit showing is what the combined
teachings, knowledge of one of ordinary skill in the art, and
the nature of the problem to be solved as a whole would have
suggested to those of ordinary skill in the art. See In re
Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981) (and
cases cited therein).
Claim 5, the sole independent claim on appeal, reads as
follows:
A method of manufacturing a rubber body of a bag
shape to be used as weir main body which is subsequently
placed on a river-bed in a widthwise direction of the
river and rises by being filled with a fluid to form a
weir, comprising the steps of:
preparing at least two rubber weir main body
segments which form portions of said rubber weir main
body extending in said widthwise direction of said river;
forming a material removed portion with steps at
edges extending in said widthwise direction of each of
said rubber weir main body segments;
contacting said rubber weir main body segments with
each other at said edges;
laminating unvulcanized rubber sheets containing
reinforcing canvass on said material removed portions
between both said rubber weir main body segments
contacted with each other; and
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