Appeal 2007-2637
Application 10/741,269
the high-speed, adjustable system is event-driven and relies on sensors and
computer controls to ensure proper position and function during operation.26
From the facts above, we infer that those skilled in the art possessed
considerable mechanical sophistication, appreciated the range of
mechanisms and techniques available to fold paper, and were competent to
implement a wide range of folding designs within a high-speed insertion
system.
ANALYSIS
Claim grouping
Although Pitney Bowes nominally argues claims 1 and 2 separately,
the additional limitations in claim 2 appear to be in the admitted prior art.
Moreover, the focus of the argument for claim 2 repeats putative
deficiencies of Olson in meeting claim 1, deficiencies that Viens is said not
to remedy.27 Consequently, we treat claim 2 as standing or falling with
claim 1.
Combining Olson with the mailing insertion prior art
The combination of familiar elements according to known methods is
likely to be obvious when it does no more than yield predictable results.28
When there is a design need to solve a problem and there are a finite number
of identified, predictable solutions, a person of ordinary skill has a good
26 Viens 12:61-13:16.
27 Br. 11.
28 Leapfrog Enter., Inc. v. Fisher-Price, Inc., 485 F.3d 1157, 1161,
82 USPQ2d 1687, 1690-91 (Fed. Cir. 2007), citing KSR Int'l, 127 S. Ct.
at 1739, 82 USPQ2d at 1395.
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