Ex parte ANDERSON - Page 11




                Appeal No. 96-2623                                                                                                            
                Application No. 08/240,095                                                                                                    


                presumed on the part of those practicing in the art (see In re                                                                
                Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985)).                                                               
                Second, it would have been apparent to an artisan that the radius                                                             
                of curvature of Johnston's concave pressing surface 12 is greater                                                             
                then the radius of curvature of Johnston's convex pressing                                                                    
                surface 13 since all points on the concave pressing surface 12                                                                
                are equal distance from corresponding opposite points on the                                                                  
                convex pressing surface 13.   Third, it is our opinion that10                                                                               
                Johnston's teaching that the radius of curvature of Johnston's                                                                
                concave pressing surface 12 is greater then the radius of                                                                     
                curvature of Johnston's convex pressing surface 13 would have                                                                 
                been ample suggestion and motivation to an artisan to apply that                                                              
                teaching to the concave and convex pressing surfaces of Stiff.                                                                
                In that regard, it is our opinion that based on the teachings of                                                              
                Johnston, an artisan would have decided that Stiff's teaching                                                                 
                that the concave surface 46 corresponds to the convex surface 48                                                              
                means that the radius of curvature of the concave surface would                                                               
                have been slightly greater then the radius of curvature of the                                                                
                convex surface.  Lastly, while the appellants have pointed to the                                                             

                         10That is, if the convex pressing surface 13 had a radius                                                            
                of curvature of R' and all points on the concave pressing surface                                                             
                12 are spaced a distance D' from corresponding opposite points on                                                             
                the convex pressing surface 13, then the concave pressing surface                                                             
                12 must have a radius of curvature of R'+D'.                                                                                  
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