Ex Parte SWINK et al - Page 5



          Appeal No. 2002-0492                                                        
          Application 09/348,141                                                      

          reference.  In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549             
          (CCPA 1969).  In the present case, the appellants have not                  
          challenged, and in fact appear to acquiesce to, the examiner’s              
          finding that the latching of hinged legs, such as found in a                
          folding table, in their operative position to prevent collapse              
          was a generally known and conventional expedient at the time the            
          appellants’ invention was made.  Although the examiner’s folding            
          table example is somewhat removed from ramps of the sort at issue           
          here, it is not unreasonable in cases involving relatively simple           
          everyday-type mechanical concepts to permit inquiry into other              
          areas where one of even limited technical skill would be aware              
          that similar problems exist.  In re Heldt, 433 F.2d 808, 812, 167           
          USPQ 676, 679 (CCPA 1970).  A person of ordinary skill in the art           
          would have readily appreciated, as a simple matter of common                
          sense, that Dudley’s unlatched leg support structure has a                  
          certain degree of instability, and that this problem would be               
          diminished by a conventional leg latching mechanism of the type             
          alluded to by the examiner.  This recognition would have                    
          furnished the artisan with ample suggestion or motivation to                
          incorporate such a mechanism into the Dudley ramp, thereby                  
          arriving at the subject matter recited in claim 16.                         


                                          5                                           



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

Last modified: November 3, 2007