Appeal No. 96-2623
Application No. 08/240,095
by the equal spacing of the pressing surfaces of the platens in
the pressing position, it falls at least into the latter category
of the Wood test, and logically would have commended itself to an
artisan’s attention in considering the problem. Thus, we
conclude that Johnston is analogous art.
The appellants' argument that there is no teaching,
suggestion, or motivation to modify Stiff by the teachings of
Johnston is unpersuasive for the following reasons. First, in
our opinion Stiff's teaching that the curved lower surface 46 of
the sole plate 40 has a concave curvature corresponding to that
of the convex upper surface 48 of pressure head 50 would have 9
motivated an artisan to determine the relationship between the
radius of curvature of the concave surface and the radius of
curvature of the convex surface. That is, the artisan would have
been motivated to determine if the radius of curvature of the
concave surface 46 is less than, equal to, or greater than the
radius of curvature of the convex surface 48. This is due to the
fact that an artisan is presumed to know something about the art
apart from what the references disclose (see In re Jacoby, 309
F.2d 513, 516, 135 USPQ 317, 319 (CCPA 1962)) and skill is
9See column 3, lines 58-63, of Stiff.
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