Ex Parte Schwarz et al - Page 13

                Appeal 2007-2193                                                                                   
                Application 10/816,369                                                                             
                       Generally, it would have been obvious to make integral that which                           
                was separate before, absent a showing that the claimed integration yields                          
                unexpected results.  In re Kohno, 391 F.2d 959, 960, 157 USPQ 275, 276-77                          
                (CCPA 1968), citing In re Fridolph, 309 F.2d 509, 513, 135 USPQ 319, 322                           
                (CCPA 1962).  The integration of parts must involve more than mere                                 
                mechanical skill.  Id.                                                                             
                       The Examiner has established that it would have been obvious to                             
                make Kuwahara’s disclosed partition 8, annular spout 9, and dust filter 37 a                       
                single integral structure because such involves mere mechanical skill and no                       
                unexpected results have been shown by Appellants.  Kohno, 391 F.2d at 960,                         
                157 USPQ at 276-77.                                                                                
                       We add that Kuwahara discloses that the dust filter 37 is “formed at                        
                the center of the said partition 8” (Kuwahara, col. 2, ll. 23-26). This                            
                disclosure indicates that the rib-like structure of dust filter 37 is formed as                    
                part of the partition (i.e., integrally formed with the partition).  Thus,                         
                Kuwahara’s disclosure reinforces the Examiner’s prima facie case of                                
                obviousness.                                                                                       
                       Accordingly, we affirm the Examiner’s § 103(a) rejection of argued                          
                dependent claim 15 over Kuwahara in view of Yip.                                                   

                                                   DECISION                                                        
                       The Examiner’s rejection of claims 1, 2, 4-7, 9, and 11 under                               
                35 U.S.C. § 102(b) as being unpatentable over Kuwahara is AFFIRMED.                                
                       The Examiner’s rejection of claims 3 and 13-22 under 35 U.S.C.                              
                §103(a) as being unpatentable over Kuwahara in view of Yip is                                      
                AFFIRMED.                                                                                          

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