Ex parte KELLEY - Page 7




                 Appeal No. 97-4079                                                                                                                     
                 Application No. 08/310,592                                                                                                             


                 polyketone polymer disclosed in Kastelic is said to be                                                                                 
                 particularly advantageous because it provides a melt                                                                                   
                 stabilized composition that may be readily processed into                                                                              
                 fabricated objects which exhibit useful mechanical properties                                                                          
                 (col. 4, lines 31-34).                                                                                                                 
                          In applying the test for obviousness,  we reach the                2                                                          
                 conclusion that it would have been obvious to one having                                                                               
                 ordinary skill in the art, from a combined assessment of the                                                                           
                 Nadal and Kastelic teachings, to fabricate the worm gear and                                                                           
                 the sector gear of Nadal using the polyketone polymer                                                                                  
                 disclosed in Kastelic.  In our view, one of ordinary skill in                                                                          
                 the art would have been motivated to manufacture the worm and                                                                          
                 sector gears shown in Nadal using the polyketone material                                                                              
                 disclosed in Kastelic based on the advantageous properties of                                                                          
                 the polyketone material and would have had a reasonable                                                                                
                 expectation of success in doing so based on Kastelic's                                                                                 
                 specific disclosure that the material disclosed therein was                                                                            
                 particularly suitable for making gears.                                                                                                

                          2The test for obviousness is what the combined teachings                                                                      
                 of the references would have suggested to one of ordinary                                                                              
                 skill in the art.  See In re Young, 927 F.2d 588, 591, 18                                                                              
                 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d                                                                          
                 413, 425, 208 USPQ 871, 881 (CCPA 1881).                                                                                               
                                                                         -7-                                                                            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007