Ex parte LEATHERMAN et al. - Page 10




          Appeal No. 97-4206                                                          
          Application 08/662,263                                                      


               As to the appellants' contention that if the latching                  
          member of were made wide enough to engage several blades it                 
          would be "too stiff for practicality," we observe that all of               
          the features of the secondary reference need not be bodily                  
          incorporated into the primary reference (see the above-noted                
          test for obviousness) and the artisan is not compelled to                   
          blindly follow the teaching of one prior art reference over                 
          the other without the exercise of independent judgment (Lear                
          Siegler, Inc. v. Aeroquip Corp., 733 F.2d 881, 889, 221 USPQ                
          1025, 1032 (Fed. Cir. 1984).  Here, it is the admitted prior                
          art which teaches that the spring arm should not be so stiff                
          that it could not effectively engage several blades.                        
               In view of the foregoing, we will sustain the rejection                
          of claims 1, 2, 7, 8 and 22 under 35 U.S.C. § 103 as being                  
          unpatentable over the admitted prior art in view of Rohrer                  
          '143.                                                                       
               Turning to the rejection of claims 1, 2, 7, 8 and 22                   
          based on the combined teachings of the admitted prior art and               
          either Brooker or Favreau, the examiner is of the opinion that              
          it would have been obvious to form the flange of the admitted               

                                          10                                          





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007