Appeal No. 97-0149
Application 08/308,711
7 USPQ2d 1500, 1502 (Fed. Cir. 1988)). Rather the test for
obviousness is what the combined teachings of the references
would have suggested to one of ordinary skill in the art. See
In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091 (Fed.
Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208 USPQ 871,
881 (CCPA 1981).
Here, both Ellis and Mori depict ballpoint pens having
elongated bodies (which can be considered to be “broad, flat
and blade-like”), caps, thin bodies and generally diverging
side edges. With respect to claim 2, Mori additionally
teaches a rear end which is straight and a rectangular cap.
On the other hand, Perlmutter teaches that it is well known in
the ballpoint pen art to taper a flat, blade-like plastic body
in thickness while Vinck
teaches that it is well known in the ballpoint pen art to size
the pen and cap such that it is “substantially equal to a
conventional credit card.” Applying the test for obviousness2
2 The test for obviousness is not whether the features of
a secondary reference may be bodily incorporated into the
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