Ex parte LOUK et al. - Page 3





                 Appeal No. 96-1337                                                                                                                     
                 Application 08/229,804                                                                                                                 


                 the argument presented by appellants appears in the answer                                                                             
                 (Paper                                                                                                                                 
                 No. 9), while the complete statement of appellants’ argument                                                                           
                 can be found in the brief (Paper No. 8).2                                                                                              

                                                                     OPINION                                                                            
                          In reaching our conclusion on the obviousness issue                                                                           
                 raised in this appeal, this panel of the board has carefully                                                                           
                 considered appellants’ specification and claims,   the applied                        3                                                
                 patents,  and the respective viewpoints of appellants and the4                                                                                                                       

                 examiner.  As a consequence of our review, we make the                                                                                 
                 determination which follows.                                                                                                           



                          2  A supplement to the brief (Paper No. 14) was filed, pursuant to an                                                         
                 order for compliance (Paper No. 13), to provide information omitted from the                                                           
                 brief.                                                                                                                                 
                          3We note that while claim 1, line 3 and dependent claims (e.g., claims                                                        
                 2 and 8) recite a “main frame”, lines 10 and 14 of claim 1 set forth a “main                                                           
                 frame member”.  This inconsistency should be remedied during any further                                                               
                 prosecution before the examiner.                                                                                                       
                          4In our evaluation of the applied patents, we have considered all of                                                          
                 the disclosure thereof for what it would have fairly taught one of ordinary                                                            
                 skill in the art.   See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA                                                          
                 1966).  Additionally, this panel of the board has taken into account not only                                                          
                 the specific teachings, but also the inferences which one skilled in the art                                                           
                 would reasonably have been expected to draw from the disclosure.  See In re                                                            
                 Preda 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                                                                                

                                                                           3                                                                            






Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007