Ex parte ALTSCHULER et al. - Page 5




          Appeal No. 96-2635                                                          
          Application 07/993,050                                                      



                    In reaching our decision in this appeal, we have given            
          careful consideration to appellants' specification and claims, to           
          the applied prior art references, and to the respective positions           


          articulated by appellants and the examiner.  As a consequence of            
          this review, we have made the determination that the examiner's             
          respective rejections of the appealed claims under 35 U.S.C.                
           103 cannot be sustained.  Our reasons follow.                             


                    The proper test for obviousness is what the combined              
          teachings of the references would have suggested to those having            
          ordinary skill in the art.  See Cable Elec. Products, Inc. v.               
          Genmark, Inc., 770 F.2d 1015, 1025, 226 USPQ 881, 886-887 (Fed.             
          Cir. 1985); In re Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089,               
          1096 (Fed. Cir. 1983); In re Keller, 642 F.2d 413, 425, 208 USPQ            
          871, 881 (CCPA 1981).  The law followed by our court of review,             
          and thus by this Board, is that "[a] prima facie case of                    
          obviousness is established when the teachings from the prior art            
          itself would appear to have suggested the claimed subject matter            
          to a person of ordinary skill in the art."  In re Rinehart, 531             
          F.2d 1048, 1051, 189 USPQ 143, 147 (CCPA 1976).                             


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