Appeal No. 97-2222
Application 08/380,661
and Hallock ’802. As we have noted above, there is no clear
teaching in Atwell of an asymmetric bevel on the ends of his
elongated elements or nails 1, 2. However, Hallock ’967 at 23
(Fig. 13), Hill at 32 (Fig. 4) and Hallock ’802 at 40 (Figs. 8
and 9) collectively establish that it was well-known in the
art to provide an asymmetric bevel on the ends of elongated
fastening elements such as nails. In view of these teachings,
the artisan would have found it obvious as a matter of common
sense to4
provide an asymmetric bevel on the ends of the elongated
elements 1, 2 of Atwell if, for no other reason, than to
achieve the self-evident advantage of ease of manufacture5
vis-à-vis Atwell’s “pointed” ends.
In summary:
The rejection of claims 12 and 14 under 35 U.S.C. §
The conclusion of obviousness may be made from "common knowledge and4
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)).
Indeed, Hill even expressly recognizes such an advantage (see column 4,5
lines 44-47).
10
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007