Appeal No. 1997-0153 Application No. 08/375,681 determined, the differences between the prior art and the claims at issue are to be ascertained. Graham v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966). Based on our analysis and review of Schlobohn and claim 1, it is our opinion that the only difference is the limitation of the specific type of filter (i.e., a bonded sorbent filter element). With regard to this difference, the examiner determined (answer, p. 3) that it would have been obvious to one of ordinary skill in the art, at the time the invention was made, to substitute the bonded sorbent filter element of Braun for element “2” of Schlobohn. We agree. The appellants urge that the use of a bonded sorbent filter element is not taught by Schlobohm (brief, page 3). We agree. However, the test for obviousness is what the combined teachings of the references would have suggested to one of ordinary skill in the art. See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007