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 NextLast modified: November 3, 2007