Ex parte BOOTH et al. - Page 7




                 Appeal No. 98-1295                                                                                                                     
                 Application No. 08/325,361                                                                                                             

                 capable of transmitting tensile loads between joined panels                                                                            
                 under blast conditions.                                                                                                                
                                           The Rejections Under 35 U.S.C. § 103                                                                         
                          All five of these rejections pertain to claims that                                                                           
                 ultimately depend from claim 1, and all utilize as the primary                                                                         
                 reference either Veenema or Powell.  Considering the                                                                                   
                 disclosures and teachings of these two references from the                                                                             
                 standpoint of obviousness under Section 103,  it is our view                   2                                                       
                 that the problem with each reference discussed above still                                                                             
                 exists.  Even taking into account the teachings of Lee, Norton                                                                         
                 and Kupersmit, we fail to perceive any teaching, suggestion or                                                                         
                 incentive which would have led one of ordinary skill in the                                                                            
                 art to provide the joint means of Veenema or Powell with such                                                                          
                 modifications as would permit them to be relatively flexible                                                                           
                 and capable of transmitting tensile loads between joined                                                                               
                 panels under blast conditions.  The only suggestion for doing                                                                          
                 so is vested in the hindsight accorded one who first viewed                                                                            
                 the appellants’ disclosure, and in that manner determining the                                                                         


                          2The test for obviousness is what the combined teachings                                                                      
                 of the prior art would have suggested to one of ordinary skill                                                                         
                 in the art.  See In re Keller, 642 F.2d 413, 425, 208 USPQ                                                                             
                 871, 881 (CCPA 1981).                                                                                                                  
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