Appeal No. 96-1014 Application 08/032,530 OPINION Grouping of claims The examiner's statement (EA2) that appellant has not presented arguments in support of the independent patentability of identified groups of claims is in error. Appellant has argued the separate patentability of claims 23, 26-30, 33-35, 39, 43, and 44. Obviousness We find the references to be representative of the level of ordinary skill in the art. See In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978) ("the PTO usually must evaluate both the scope and content of the prior art and the level of ordinary skill solely on the cold words of the literature"); In re GPAC Inc., 57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (the Board did not err in adopting the approach that the level of skill in the art was best determined by the references of record). Obviousness is determined through the eyes of one of ordinary skill in the art and one of ordinary skill in the art must be presumed to know something about the art apart from what the references expressly disclose. See - 4 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007