Appeal No. 2000-0788 Page 7
Application No. 09/017,618
expressly stated in the references. See WMS Gaming, Inc. v.
International Game Tech., 184 F.3d 1339, 1355, 51 USPQ2d 1385,
1397 (Fed. Cir. 1999). The test for an implicit showing is
what the combined teachings, knowledge of one of ordinary
skill in the art, and the nature of the problem to be solved
as a whole would have suggested to those of ordinary skill in
the art. See In re Keller, 642 F.2d 413, 425, 208 USPQ 871,
881 (CCPA 1981) (and cases cited therein).
The appellant argues (brief, pp. 4-6) that the applied
prior art does not suggest the claimed subject matter. We
agree.
All the claims under appeal require the book pages of the
storytelling flip-over book to be created by inserting
original insertion pages and corresponding insertion pages
into page holders such that the original insertion pages and
the corresponding insertion pages are arranged in diametric
contraposition and the page holders are bound together into an
easel-like arrangement. However, these limitations are not
suggested by the applied prior art. In that regard, while
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