Ex parte GRUSSMARK - Page 13




          Appeal No. 98-1252                                        Page 13           
          Application No. 08/642,184                                                  


          examiner's combination of Paulson and Grussmark would result in             
          two dental floss holders, we must point out that all of the                 
          features of the secondary reference need not be bodily                      
          incorporated into the primary reference (see In re Keller, at               
          642 F.2d 425, 208 USPQ 881) 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 (Lear                    
          Siegler, Inc. v. Aeroquip Corp., 733 F.2d 881, 889, 221 USPQ                
          1025, 1032 (Fed. Cir. 1984).  Accordingly, we do not believe                
          that one of ordinary skill in this art, in following the                    
          combined teachings of Paulson and Grussmark, would be so                    
          unskilled as to provide the modified device of Paulson with two             
          dental floss dispensers as the appellant would have us believe.             
          Accordingly, we will sustain the rejection of claim 15 under 35             
          U.S.C. § 103 based on the combined teachings of Paulson and                 
          Grussmark.                                                                  
          Rejection (4)                                                               
               The examiner relies upon the combined teachings of Paulson             
          and Grussmark in the manner set forth above in Rejection (3),               
          and further concludes that it would have been obvious to form               








Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 3, 2007