Appeal No. 98-0194 Page 20
Application No. 08/132,940
claim 13 not specifically suggested or taught by the combined
teachings of Bowers and Ensslin is the recitation that the
clock sets the units of time of about a millisecond. However,
while Ensslin is silent as to the units of time utilized, we
observe that an 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 1969)). Based upon the "common knowledge and common
sense" of the artisan, it is our opinion that it would have
been obvious to set the units of time of the clock to be about
a millisecond especially in view of Ensslin's teaching of
performing the integration continuously in real time.
Claims 9 through 12 and 14 through 17
We do not sustain the rejection of claims 9 through 12 and
14 through 17 under 35 U.S.C. § 103.
Dependent claims 9 and 14 each recite the limitation that
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