Ex parte YOUTCHEFF et al. - Page 9




          Appeal No. 98-1032                                                          
          Application 08/620,658                                                      


          rejection of claim 19.                                                      
               We have carefully considered appellants’ arguments                     
          directed to the claims whose rejection we have sustained.  Our              
          position with respect to these arguments should for the most                
          part be clear from our discussion above.  In addition, we                   
          simply do not agree with appellants’ position (brief, page 11)              
          to the effect that in order to establish obviousness the                    
          problem solved by the inventor must be shown by the applied                 
          prior art.  While the problem solved by appellants is one of                
          the factors to be considered in resolving the issue of                      
          obviousness under 35 U.S.C. § 103, it is not determinative.                 
          See In re Beattie, 974 F.2d 1309, 1312, 24 USPQ2d 1040, 1042                
          (Fed. Cir. 1992); In re Dillon, 919 F.2d 688, 692-93, 16                    
          USPQ2d 1897, 1901 (Fed. Cir. en banc), cert. denied, 500 U.S.               
          904 (1991).  Also, to the extent appellants contend that                    
          Kolloch is non-analogous art (brief, page 13), we do not                    
          agree.  In our view, Kolloch’s cleaning fluid dispenser is                  
          clearly analogous art in that it is reasonably pertinent to                 
          the problem with which appellants were involved, namely, the                
          fabrication of a soap dispenser.  See In re Wood, 599 F.2d                  


                                         -9-                                          





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007