Appeal 2007-0561
Application 10/689,465
1 relative to the axis of the grounding member including the zero angle. (Reichman,
2 4:3-5; Fig. 1).
3 24. In Reichman, the trough can be rotated into a number of different
4 positions relative to a coupling collar 11. (Reichman, 4:3-5; Fig. 1).
5 25. Reichman describes the position of the clamp or trough as reflecting a
6 “preselected or desired angular relationship” between the clamp and the coupling
7 collar. (Reichman, 4:2-4).
8 26. In Reichman, the variable angular relationship between the clamp and
9 the coupling collar includes a perpendicular relationship between the ground wire
10 axis and the axis of the grounding member as well as a parallel relationship
11 between the ground wire axis and the axis of the grounding member. (Reichman,
12 4:2-5; Fig. 1).
13 E. Principles of law
14 Obviousness is a legal determination made on the basis of underlying factual
15 inquiries including (1) the scope and content of the prior art; (2) the differences
16 between the claimed invention and the prior art; (3) the level of ordinary skill in
17 the art; and (4) any objective evidence of unobviousness, Graham v. John Deere
18 Co., 383 U.S. 1, 17, 148 USPQ 459, 467 (1966). The level of ordinary skill in the
19 art is evidenced by the applied references. See In re Oelrich, 579 F.2d 86, 91,
20 198 USPQ 210, 214 (CCPA 1978); In re GPAC Inc., 57 F.3d 1573, 1579,
21 35 USPQ2d 1116, 1121 (Fed. Cir. 1995).
22 While motivation is necessary to combine teachings, the motivation need not
23 be expressly stated in any prior art reference. In re Kahn, 441 F.3d 977, 989, 78
24 USPQ2d 1329, 1338 (Fed. Cir. 2006). There need only be an articulated reasoning
25 with rational underpinnings to support a motivation to combine teachings. In re
26 Kahn, 441 F.3d at 988, 78 USPQ2d at 1337. One with ordinary skill in the art is
8
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