Ex parte MOORMAN - Page 7




          Appeal No. 95-3406                                                          
          Application 07/940,016                                                      



          about the art apart from what the references disclose.  See                 
          In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319 (CCPA 1962).             
          Moreover, the conclusion of obviousness may be made "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 Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549            
          (CCPA 1969)), and skill is presumed on the part of those versed             
          in the art rather than the converse (In re Sovish, 769 F.2d 738,            
          743, 226 USPQ 771, 774 (Fed. Cir. 1985)).  We also note that the            
          use of an arrow on a scale to mark a point of importance is                 
          conventional, as for example on oral thermometers where the                 
          "normal" temperature of the average human is often marked by                
          an arrow at 98.6EF on the temperature scale.  Thus, we shall                
          also sustain the examiner's rejection of appealed claim 9 under             
          35 U.S.C.  103.                                                            
               In arriving at our decision to affirm the above noted                  
          rejections of claims 6 and 9, we have given careful conside-                
          ration to each of the arguments advanced by the appellant for               
          patentability, but we are not persuaded as to any error in those            
          rejections for the reasons expressed above.  In particular,                 
          appellant’s arguments on page 4 of the brief as to a lack of                


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