Appeal No. 2000-1230
Application No. 08/717,904
but upon what the prior art would have suggested to one of
ordinary skill in the art.
Appellants argue that there is no prima facie case of
obviousness because even though the Kinsey valve has been2
available in the art for eight decades prior to appellants’
invention, "no one heretofore provided the invention despite
the
2A prima facie case of obviousness exists when the prior
art teachings would appear to be sufficient to one of ordinary
skill in the art to suggest making the claimed substitution or
other modification. In re Lalu, 747 F.2d 703, 705, 223 USPQ
1257, 1258 (Fed. Cir. 1984).
6
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