Ex parte HERBERMANN - Page 11




                 Appeal No. 97-2999                                                                                      Page 11                        
                 Application No. 08/338,714                                                                                                             


                 Gorman, 933 F.2d 982, 986, 18 USPQ2d 1885, 1888 (Fed. Cir.                                                                             
                 1991) (citations omitted).  That is, something in the prior                                                                            
                 art as a whole must suggest the desirability, and thus the                                                                             
                 obviousness, of making the combination.  See In re Beattie,                                                                            
                 974 F.2d 1309, 1312, 24 USPQ2d 1040, 1042 (Fed. Cir. 1992);                                                                            
                 Lindemann Maschinenfabrik GmbH v. American Hoist and Derrick                                                                           
                 Co., 730 F.2d 1452, 1462, 221 USPQ 481, 488 (Fed. Cir. 1984).                                                                          
                 In this case, it is our opinion that the teaching of Haver                                                                             
                 that ridge 6 is shaped to engage slot 7 to firmly secure the                                                                           
                 cuff 8 in position on the outlet 5 provides the needed                                                                                 
                 suggestion to modify Kujawski as set forth by the examiner.                                                                            
                 Additionally, the self-evident advantages (e.g., a locking                                                                             
                 arrangement which is much more simple and cost effective to                                                                            
                 make) of substituting one known locking arrangement (i.e.,                                                                             
                 bead and groove) for another known locking arrangement (i.e.,                                                                          
                 threads) would have been readily apparent to a person of                                                                               
                 ordinary skill in the art.4                                                                                                            

                          4An artisan must be presumed to know something about the                                                                      
                 art apart from what the references disclose (see In re Jacoby,                                                                         
                 309 F.2d 513, 516, 135 USPQ 317, 319 (CCPA 1962)) and 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                                                                         







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