Appeal No. 96-4052
Application 08/198,511
claims will be determined on the basis of a single claim
selected from the group), appellants have proceeded to argue
the separate patentability of many of the claims within a
group individually. We address the argued claims separately.
Level of ordinary skill in the art
We find the knowledge and level of ordinary skill in the
art to be demonstrated by the references. 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). In
addition, those of ordinary skill in the art must be presumed
to know something about the art apart from what the references
expressly disclose. In re Jacoby, 309 F.2d 513, 516,
135 USPQ 317, 319 (CCPA 1962).
Claims 31, 33, and 34
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