Appeal No. 96-3404
Application 08/145,775
mold that produces a plurality of artificial reef
modules. Thus, stacking individual molds next to
each other is unnecessary . . . . [Brief, page 27.]
It is true that Harza only states that his blocks or modules
are formed “with the points downward in metal forms which can
be packed continuously together . . .” (page 2, column 2,
lines 62 and 63) and it is not altogether clear how the forms
are “packed.” We must point out, however, that independent
claim 6 does not require a single mold that produces a
plurality of artificial reef modules as the appellant argues.
Instead, claim 6 more broadly recites a “mold” having a
“plurality of triangular faces . . .” which, in our view, is
fairly suggested by even a single form or mold of Harza. Even
with respect to claim 5 which sets forth at least four molds
“joined together at the upper portion thereof,” we note that
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)) 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)). Therefore, we perceive
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