Appeal No. 96-1597 Page 9
Application No. 08/152,523
have been motivated to substitute the insulating layer of
Matsunaga for that of Salkeld, suggestion being found in the
advantage of providing an even more snug fit about the mold so
as to more effectively prevent heat from escaping from the
molten bath. In this regard, a conclusion of obviousness may
be made from common knowledge and common sense of the person of
ordinary skill in the art without any specific hint or
suggestion in a particular reference (see In re Bozek, 416 F.2d
1385, 1390, 163 USPQ 545, 549 (CCPA 1969)), with skill being
presumed on the part of the artisan, rather than the lack
thereof (see In re Sovish, 769 F.2d 738, 742, 226 USPQ 771, 774
(Fed. Cir. 1985)). The applied references establish a
prima facie case of obviousness with regard to the subject
matter of claim 9. Since the appellant has elected allow claim
16 to stand or fall with claim 9, this conclusion applies to
claim 16 also.
Claim 10 adds to claim 9 the requirement that there be a
mold holding frame which is movable vertically and is
configured for immersion in the molten quenching metal, with
“the bottom of said heating chamber limiting upward vertical
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