Ex parte DRAGO et al. - Page 8




          Appeal No. 98-0358                                                          
          Application 08/660,719                                                      


          claim 1.                                                                    

               As to each of claims 4 and 5, we perceive the respective               
          area and porosity ranges thereof to have been obvious matters               
          for those having ordinary skill when appellants’ invention was              
          made.                                                                       
          In making this determination we, of course, presume skill on                
          the part of those practicing this art.  See In re Sovish, 769               
          F.2d 738, 742, 226 USPQ 771, 774 (Fed. Cir. 1985).  Taking                  
          into account the knowledge and understanding of screens as a                
          well known entity for the reduction of NO  by those of                      
                                                   x                                  
          ordinary skill in this art, as clearly evident to us from the               
          evidence of obviousness, we conclude that the claimed                       
          parameters of screen area and porosity would have been factors              
          of concern in the design of these screens for NO reduction.                 
                                                          x                           
          As such, we are of the view that the presently claimed ranges               
          for apparent result                                                         
          effective variables or parameters can fairly be viewed as                   
          simply obvious optimum or working ranges that would have been               
          readily                                                                     
          obtainable through routine experimentation.  See In re Boesch,              

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