Appeal No. 96-4014
Application 08/192,939
579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978) ("the PTO usually
must evaluate both the scope and content of the prior art and the
level of ordinary skill solely on the cold words of the
literature"); In re GPAC Inc., 57 F.3d 1573, 1579,
35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (the Board did not err in
adopting the approach that the level of skill in the art was best
determined by the references of record). In addition, those of
ordinary skill in the art must be presumed to know something
about the art apart from what the references expressly disclose.
In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319 (CCPA 1962).
In our opinion, it would have been obvious to one of
ordinary skill in the art to replace the mode selector of the
admitted prior art turboshaft engine control scheme in
appellants' figure 2 with a fuzzy logic controller as taught in
Hisano because Hisano discloses that the fuzzy control system can
be applied in a control environment. Based on the record before
us, we find additional motivation in that fact that it was well
known in the control art to apply fuzzy logic controllers to a
wide variety of control applications because fuzzy logic is often
capable of better performance than traditional mathematical
algorithms. (In arguing this additional finding involving the
level of skill in the art in any judicial review, appellants
should admit or deny the finding, and not avoid the issue by
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