Appeal No. 1997-1620 Page 3
Application No. 08/409,959
feasible for a person skilled in the art to make a cigarette
pack with the film of Janocha using Wiley's disclosure of how to
make a cigarette pack (i.e.,a deep draw operation) since the
film of Janocha was too thin (i.e. less than 200 µm), it is our
view that the combined teachings of Wiley and Janocha would have
suggested starting with a thicker sheet (e.g., 0.45 inch (1143
µm)) which is then deep drawn into the shape of the main body
part. In addition, we must point out that it is not required
that all of the features of the secondary reference (e.g., the
actual thickness of film of Janocha) be bodily incorporated into
the primary reference (see In re Keller, 642 F.2d 413, 425, 208
USPQ 871, 881 (CCPA 1981)) and the artisan is not compelled to
blindly follow the teaching of one prior art reference over the
other without the exercise of independent judgment (see Lear
Siegler, Inc. v. Aeroquip Corp., 733 F.2d 881, 889, 221 USPQ
1025, 1032 (Fed. Cir. 1984)).
Upon weighing all the evidence (i.e., the teachings of
Wiley and Janocha and the evidence of nonobviousness submitted
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