Appeal No. 97-4459 Page 8
Application No. 08/421,063
has "an enlarged portion adjacent the proximal extremity of
the tubular member permitting magnified viewing of the cell
collection chamber" to mean that the body has an enlarged
portion adjacent the proximal extremity of the tubular member
providing magnified viewing of the cell collection chamber.
Thus, the enlarged portion must magnify the cell collection
chamber.
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). Furthermore, the
conclusion that the claimed subject matter is obvious must be
supported by evidence, as shown by some objective teaching in
the prior art or by knowledge generally available to one of
ordinary skill in the art that would have led that individual
to combine the relevant teachings of the references to arrive
at the claimed invention. See In re Fine, 837 F.2d 1071,
1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). Rejections based
on § 103 must rest on a factual basis with these facts being
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