Appeal No. 1996-0200
Application 08/119,444
We reverse this rejection. To properly combine references A and B to reach a
conclusion that the subject matter of an application would have been obvious, case law
requires that there must have been some teaching, suggestion, or inference in either A or
B, or both, or knowledge generally available to one of ordinary skill in the relevant are to
combine the relevant teachings of references A and B. Ashland Oil, Inc. v. Delta Resins &
Refractories, Inc., 776 F.2d 281, 304, 227 USPQ 657, 673 (Fed. Cir. 1985).
Ball is directed to the formation of a susceptor for browning or crisping food in a
microwave oven. As noted supra, Chen is directed to a process of increasing the
capacitance of a barrier oxide layer in an aluminum capacitor foil. The examiner has
pointed to no teaching, suggestion, or inference in either reference or knowledge generally
available to one of ordinary skill in the relevant art to combine the teachings of Ball and
Chen as proposed by the examiner to arrive at the claimed “susceptor” as properly
interpreted (see I, supra).
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