Ex parte KOBAYASHI et al. - Page 11




          Appeal No. 96-0005                                                          
          Application 07/722,599                                                      


          a teaching of the combination of a powered and unpowered hull and           
          upon Yamaoka for a teaching that propellers (see, e.g., the                 
          embodiment of Fig. 12) and jet propulsion units (see the                    
          embodiments of Figs. 18 and 20) are art recognized alternatives             
          to propel watercraft.  From our perspective, a combined                     
          consideration of Metcalf and Yamaoka would have fairly suggested            
          to the artisan to provide the small powered watercraft of Metcalf           
          with a jet propulsion unit as a motive means in view of Yamaoka’s           
          teaching of such an arrangement in Figs. 18 and 20.  Accordingly,           
          we will sustain the examiner’s rejection of claim 3 under                   
          35 U.S.C.  103 based on the combined disclosures of Metcalf and            
          Yamaoka.                                                                    
               Treating now the rejection of claims 19, 20, 36 and 37 under           
          35 U.S.C.  103 as being unpatentable over Metcalf in view of               
          Babb and the Japanese publication, the appellants concede that              
          Babb teaches a winch but nevertheless question why someone                  
          skilled in the art would want to “winch” the smaller watercraft             
          102 of Metcalf into its berthing area in the larger watercraft.             
          Noting that the conclusion of obviousness may be made from                  
          "common knowledge and common sense" of the person of ordinary               
          skill in the art (see In re Bozek, 416 F.2d 1385, 1390, 163 USPQ            
          545, 549 (CCPA 1969)), we are of the opinion that it would have             
          been self-evident to the artisan as a matter of common sense that           
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