Ex parte TATE et al. - Page 9




          Appeal No. 96-3032                                                          
          Application No. 08/321,392                                                  


          that magnet material attached to the rear surface of a display              
          article (either a sheet 11 or an irregularly shaped display                 
          article 16) may advantageously be employed in order to hold                 
          such articles on a ferrous surface such as a refrigerator door              
          or metal-backed chalkboard (see column 2, lines 44, 45).  In                
          applying the test for obviousness set forth in footnote 4, we               
          are of the opinion that one of ordinary skill in this art                   
          would have found it obvious to substitute in Murray for the                 
          pin-type fastening 15 a magnetic fastening means (either 13 or              
          17) as taught by Taylor in order to achieve the advantage of                
          being able to attach Murray's holder to a ferrous surface.                  
               As to the appellants' contention that there is no                      
          teaching in Murray of making the holder of a relatively thick,              
          rigid material, we note artisans must be presumed to know                   
          something about the art apart from what the references                      
          disclose (see In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317,                
          319 (CCPA 1962)) and the conclusion of obviousness may be made              
          from "common knowledge and common sense" of the person of                   
          ordinary skill in the art (see In re Bozek, 416 F.2d 1385,                  
          1390, 163 USPQ 545, 549 (CCPA 1969)).  Moreover, skill is                   


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