Appeal No. 97-2466 Page 5 Application No. 08/461,943 OPINION In reaching our decision in this appeal, we considered the subject matter on appeal and the rejection and evidence advanced by the examiner. We also considered the arguments of the appellants and examiner. After considering the record before us, it is our view that the evidence and level of skill in the art would have suggested to one of ordinary skill in the art the invention of claims 1, 8, 9, 11, 12, 17, and 18. We cannot say, however, that the evidence and level of skill in the art would have suggested the invention of claims 2, 4- 7, and 13-16. Accordingly, we affirm-in-part. We begin our consideration of the obviousness of the claims by finding that the references represent the level of ordinary skill in the art. See In re GPAC Inc., 57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (finding that the Board of Patent Appeals and Interference did not err in concluding that the level of ordinary skill in the art was best determined by the references of record); In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978) ("[T]he PTO usually must evaluate ... the level of ordinary skill solelyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007