Appeal No. 98-0455
Application 08/467,247
In this regard, it is our opinion that the level of
skill in this art (i.e, the handling of large parts for
assembly into a large mechanical structure, such as a wing
spar assembly for a large aircraft) is sufficiently high that
the ordinarily skilled artisan would have been able to fashion
a powered lifting mechanism of the type referred to on page 2
of the specification (as amended August 23, 1996) and as set
forth in original claim 1 of the present application, based on
appellants’ disclosure, without the exercise of undue
experimentation, and that the parts loading system and its
powered lifting mechanism would be capable of operation in the
manner claimed and as generally disclosed by appellants. The
mere fact that skill in the art and/or material extraneous to
the originally filed disclosure, but known to those of
ordinary skill in the art at the time of filing of the appli-
cation, might be relied upon by the artisan in making and
using the disclosed parts loading system is not fatal. As the
Court made clear in In re Gaubert, 524 F.2d 1222, 1226, 187
USPQ 664, 667 (CCPA 1975), citing Martin v. Johnson, 454 F.2d
746, 751, 172 USPQ 391, 195 (CCPA 1972),
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