Ex Parte Winget et al - Page 9



          Appeal No. 2005-1549                                                        
          Application No. 10/193,407                                                  

          927 F.2d 588, 591, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991); In re             
          Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).  This             
          test requires us to take into account not only the specific                 
          teachings of the prior art reference, but also any inferences               
          which one skilled in the art would reasonably be expected to draw           
          therefrom.  In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344               
          (CCPA 1968).                                                                
               With these precedents in mind, we turn next to the                     
          examiner’s rejection of claims 13, 15 through 17, 19, 20, 22 and            
          23 under 35 U.S.C. § 103(a) as unpatentable over the disclosure             
          of Enlow.  We note that the appellants do not dispute the                   
          examiner’s determination that the limitations recited in claims             
          13, 15 through 17, 19, 20, 22 and 23 (e.g., molding temperature             
          and pressure, and flexural modulus and hardness of plastic parts            
          for automobiles) are well within the ambit of one of ordinary               
          skill in the art.3  The appellants only argue that Enlow would              
          not have suggested (1) the claimed plastic film sheet, (2) the              
          claimed vacuum molding in a mold cavity and (3) the claimed                 
               3 It appears to be the examiner’s position that the                    
          limitations recited in claims 13, 15 through 17, 19, 20, 22 and             
          23 are result effective variables.  In re Boesch, 617 F.2d 272,             
          276, 205 USPQ 215, 219 (CCPA 1980)(“[D]iscovery of an optimum               
          value of a result effective variable in a known process is                  
          ordinarily within the skill of the art”).                                   
                                          9                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007