Appeal No. 96-1883
Application 08/078,380
one of ordinary skill in the art at the time the invention was
made. See Merck & Co., Inc. v. Biocraft Laboratories, Inc., 874
F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989) and In re
Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981). While
there must be some suggestion or motivation for one of ordinary
skill in the art to combine the teachings of references, it is
not necessary that such be found within the four corners of the
references themselves; a 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. See In re Bozek, 416 F.2d 1385, 1390, 163
USPQ 545, 549 (CCPA 1969). Further, in an obviousness
assessment, skill is presumed on the part of the artisan, rather
than the lack thereof. In re Sovish, 769 F.2d 738, 742, 226 USPQ
771, 774 (Fed. Cir. 1985). Insofar as the references themselves
are concerned, we are bound to consider the disclosure of each
for what it fairly teaches one of ordinary skill in the art,
including not only the specific teachings, but also the
inferences which one of ordinary skill in the art would
reasonably have been expected to draw therefrom. See In re Boe,
355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966); and In re
Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007