Appeal No. 96-2712 Application 08/313,548 mailer and positioned opposite the pair of opposed card corners received in the corner pockets of the mailing folder, so as to provide additional securement for the card therein when the mailing folder is in an unfolded condition. Appellants' own arguments (brief, page 13) note that the mailing folder of Coit has "nothing to prevent the... inserted card from falling out the bottom (i.e. fourth rectilinear direction) of the mailing folder... when the mailing folder envelope is opened." In this regard, we note that it is well settled that where the issue is one of obviousness under 35 U.S.C. § 103, the proper inquiry should not be limited to the specific structure shown by a reference, but should be into the concepts fairly contained therein, with the overriding question to be determined being whether those concepts would suggest to one skilled in the art the modification called for by the claims. See In re Bascom, 230 F.2d 612, 614, 109 USPQ 98, 100 (CCPA 1956). Furthermore, under 35 U.S.C. § 103, a reference must be considered not only for what it expressly teaches, but also for what it fairly suggests (In re Burckel, 592 F.2d 1175, 1179, 201 USPQ 67, 70 (CCPA 1979); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976)), as 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007