Ex parte DEILY et al. - Page 18




          Appeal No. 97-0082                                                          
          Application No. 07/993,718                                                  


          would reasonably be expected to draw therefrom.  See In re Preda,           
          401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                           
               Here, Bales discloses a neck flange for positioning and                
          supporting a tracheostomy tube having a neck engaging portion 22            
          and an interconnection 19 formed of a material less flexible than           
          the neck engaging portion (see column 4, lines 9-14).  Bales in             
          column 4, line 5, further states that the neck engaging portion             
          or flange member 22 is “formed about” the interconnection 19.               
          Bearing in mind that Bales forms his neck flange from plastic               
          (i.e., polymers), it is our conclusion that this statement in               
          conjunction with the illustrations in Figs. 1, 3 and 6 would have           
          fairly suggested to the artisan to construct Bales’ neck flange             
          by molding the neck flange about the interconnection.                       
               With respect to claim 23, we initially observe that artisans           
          must be 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 the conclusion of obviousness            
          may be made from "common knowledge and common sense" of the                 
          person of ordinary skill in the art (see In re Bozek, 416 F.2d              
          1385, 1390, 163 USPQ 545, 549 (CCPA 1969)).  Moreover, skill is             
          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).              
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