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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