Appeal No. 96-3833
ApplicationApplication 08/014,320
1984). Skill in the art is presumed, not the converse. In re
Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985).
We will therefore sustain the examiner’s § 103 rejection of
claim 32. We will also sustain the § 103 rejection of claims 33
and 34 since, as noted supra, claims 33 and 34 stand or fall with
claim 32.
With regard to the rejection of claims 35 through 37 and 39,
the examiner relies upon the Bronnvall patent for a suggestion of
a PTC heating element corresponding to appellant’s claimed
heating element to eliminate the need for a separate temperature
control. He makes that following undisputed findings regarding
this reference:
The patent to Bronnvall discloses an elongated,
flexible strip (cable) heating element (see fig. 2)
that is comprised of a pair of parallel, elongated,
flat conductive members (1) with an elongated PTC
material (4) disposed between and in contact with said
conductive members such that electrical power supplied
to said conductive members creates heat along the
length of the strip heater. Use of PTC material makes
the heater self-regulating. The patent to Bronnvall
also discloses the heating element including an outer
insulating layer (3).
In arguing the patentability of claims 35 though 37 and 39
as a group, appellant contends, inter alia, that Bronnvall does
not suggest the modification proposed by the examiner. Appellant
goes on to argue that even if the modification were suggested,
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