Ex parte JOHNSON et al. - Page 11




          Appeal No. 98-0409                                                          
          Application 08/420,480                                                      


          Corp.,                                                                      
          72 F.3d 1577, 1582, 37 USPQ2d 1314, 1318 (Fed. Cir. 1996) and               
          In re Nilssen, 851 F.2d 1401, 1403, 7 USPQ2d 1500, 1502 (Fed.               
          Cir. 1988)).  Rather the test for obviousness is what the                   
          combined teachings of the references would have suggested to                
          one of ordinary skill in the art.  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).                           


               Goss clearly recognizes that it is of importance that the              
          cartridge be "firmly and securely held" (page 1, column 1,                  
          line 22) in an upright position.  Benward teaches an article                
          holder having a pair of inwardly extending tabs 45 in order to              
          insure that there is "no danger" of the article be held from                
          "falling out of the holder" (column 2, lines 34 and 35).                    
          Peckels also teaches an article holder having an inwardly                   
          extending tab 24,                                                           
          36 for the purpose of retaining the article being held in the               
          holder.  It is true, as the appellants have noted, that Goss                
          discloses a retention means in the form of a groove or                      


                                         11                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007