Appeal 2006-2980
Application 10/683,240
GmBH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1361, 80
USPQ2d 1641, 1645 (Fed. Cir. 2006)(“The motivation need not be found in
the references sought to be combined, but may be found in any number of
sources, including common knowledge, the prior art as a whole, or the
nature of the problem itself.”); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ
545, 549 (CCPA 1969)(“Having established that this knowledge was in the
art, the examiner could then properly rely, as put forth by the solicitor, on a
conclusion of obviousness ‘from common knowledge and common sense of
the person of ordinary skill in the art without any specific hint or suggestion
in a particular reference.’”); In re Hoeschele, 406 F.2d 1403, 1406-07, 160
USPQ 809, 811-812 (CCPA 1969)(“[I]t is proper to take into account not
only specific teachings of the references but also the inferences which one
skilled in the art would reasonably be expected to draw therefrom . . .”). The
analysis supporting obviousness, however, should be made explicit and
when the claimed subject matter involves more than the simple substitution
of one known element for another or the mere application of a known
technique to a piece of prior art ready for the improvement, the analysis
should “identify a reason that would have prompted a person of ordinary
skill in the art to combine the elements” in the manner claimed. KSR, 127
S.Ct. at 1731, 82 USPQ2d at 1389.
The Examiner found that Meisert describes cellular anime cross-linked
polyurethane elastomers comprising a reaction product of isocyanate pre-
polymers, polyols, aromatic amine chain extenders combined in the presence
of water, catalysts, and other additives (Answer 3). Meisert discloses that
water is a known blowing agent for processing pre-polymers into cellular
materials (col. 1, ll. 33-37). The Examiner found that Meisert differs from
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