Ex parte IRVING - Page 5




          Appeal No. 98-1460                                         Page 5           
          Application No. 08/615,820                                                  


          obviousness is established by presenting evidence that the                  
          reference teachings would appear to be sufficient for one of                
          ordinary skill in the relevant art having the references                    
          before him to make the proposed combination or other                        
          modification necessary to arrive at the claimed invention.                  
          See In re Lintner, 9 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA               
          1972).  Furthermore, the conclusion that the claimed subject                
          matter is prima facie obvious must be supported by evidence,                
          as shown by some objective teaching in the prior art or by                  
          knowledge generally available to one of ordinary skill in the               
          art that would have led that individual to combine the                      
          relevant teachings of the references to arrive at the claimed               
          invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d                   
          1596, 1598 (Fed. Cir. 1988).                                                


               All the claims on appeal require each flange of the I-                 
          beam to include or be made of or be formed of oriented strand               
          lumber.                                                                     


               The appellant argues (brief, pp. 8-10) that no                         
          combination of the applied prior art (i.e., Scarlett, Onysko,               







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007