Ex parte ALLES - Page 4




          Appeal No. 1996-1561                                       Page 4           
          Application No. 08/230,075                                                  


                                       OPINION                                        
               The guidance provided by our reviewing court with regard               
          to the evaluation of rejections under 35 U.S.C. § 103 is as                 
          follows:  A prima facie case of obviousness is established when             
          the teachings of the prior art itself would appear to have                  
          suggested the claimed subject matter to one of ordinary skill               
          in the art (see, for example, In re Bell, 991 F.2d 781, 783, 26             
          USPQ2d 1529, 1531 (Fed. Cir. 1993)).  This is not to say,                   
          however, that the claimed invention must expressly be suggested             
          in any one or all of the references, rather, the test for                   
          obviousness is what the combined teachings of the references                
          would have suggested to one of ordinary skill in the art (see,              
          for example, Cable Elec. Prods. v. Genmark, Inc., 770 F.2d                  
          1015, 1025, 226 USPQ 881, 886-87 (Fed. Cir. 1985)), considering             
          that a conclusion of obviousness may be made from common                    
          knowledge and common sense of the person of ordinary skill in               
          the art without any specific hint or suggestion in a particular             
          reference (see In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545,              
          549 (CCPA 1969)).  Insofar as the references themselves are                 
          concerned, we are bound to consider the disclosure of each for              








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