Ex parte MENDLER - Page 3




                 Appeal No. 2000-1279                                                                                                                   
                 Application No. 09/053,025                                                                                                             




                          The full text of the examiner’s rejections and response                                                                       
                 to the argument presented by appellant appears in the final                                                                            
                 rejection and the answer (Paper Nos. 5 and 11), while the                                                                              
                 complete statement of appellant’s argument can be found in the                                                                         
                 main and reply briefs (Paper Nos. 10 and 12).                                                                                          


                                                                     OPINION                                                                            


                          In reaching our conclusion on the obviousness issues                                                                          
                 raised in this appeal, this panel of the board has carefully                                                                           
                 assessed appellant’s specification and claims,  the applied                         2                                                  
                 teachings,  and the respective viewpoints of appellant and the3                                                                                                                    


                          2As to claims 18 and 21, in light of the underlying                                                                           
                 specification (page 25), we understand the “increasing” step                                                                           
                 to relate to the different first and second engine settings.                                                                           
                          3In our evaluation of the applied prior art, we have                                                                          
                 considered all of the disclosure of each document for what it                                                                          
                 would have fairly taught one of ordinary skill in the art.                                                                             
                 See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA                                                                              
                 1966). Additionally, this panel of the board has taken into                                                                            
                 account not only the specific teachings, but also the                                                                                  
                 inferences which one skilled in the art would reasonably have                                                                          
                 been expected to draw from the disclosure.  See In re Preda,                                                                           
                 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                                                                                      
                                                                                                            (continued...)                              
                                                                           3                                                                            





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

Last modified: November 3, 2007