Ex parte HERMACH - Page 7




          Appeal No. 96-2477                                                          
          Application 08/345,292                                                      


               Appellant argues that Hall’s single-engine design is                   
          incompatible with the tandem-engine arrangements of Henrichsen              
          and Sanders because Hall lacks accommodation for Henrichsen’s               
          struts and close-coupled engines or Sander’s relatively large               
          winglet 2 and stays 3.  This argument is not well taken.  In                
          order to justify combining reference teachings in support of a              
          rejection under 35 U.S.C. § 103, it is not necessary that a                 
          device shown in one reference can be physically inserted into the           
          device shown in the other.  In re Keller, 642 F.2d 413, 425, 208            
          USPQ 871, 881 (CCPA 1981).  Moreover, the artisan is not                    
          compelled to blindly follow the teachings of one prior art                  
          reference over the other without the exercise of independent                
          judgement.  Lear Siegler, Inc. v. Aeroquip Corp., 733 F.2d 881,             
          889, 221 USPQ 1025, 1032 (Fed. Cir. 1984).                                  
               Appellant’s arguments directed to the individual                       
          deficiencies of the applied references, such as Hall being                  
          directed to a single-engine propulsion module, and the failure of           
          Henrichsen and Sanders to disclose a fuel compartment in the                
          portions thereof that might be termed the propulsion module, are            
          noted.  However, nonobviousness cannot be established by                    
          attacking the references individually when, as here, the                    
          rejection is predicated upon a combination of prior art                     

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