Ex parte ASHTON et al. - Page 12




          Appeal No. 1997-0809                                                        
          Application 08/033,599                                                      

          communicate).  This "inconsistency" is reported to the                      
          network manager 30.                                                         
               For these reasons, Appellants have not shown any error                 
          in the Examiner's finding of anticipation.  The anticipation                
          rejection of claim 13 is sustained.                                         

          Obviousness                                                                 
               We find the references to be representative of the                     
          level of ordinary skill in the art.  See In re Oelrich,                     
          579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978) ("the PTO                    
          usually must evaluate both the scope and content of the                     
          prior art and the level of ordinary skill solely on the cold                
          words of the literature"); In re GPAC Inc., 57 F.3d 1573,                   
          1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (the Board did                  
          not err in adopting the approach that the level of skill in                 
          the art was best determined by the references of record).                   
          Obviousness is determined through the eyes of one of                        
          ordinary skill in the art and one of ordinary skill in the                  
          art must be presumed to know something about the art apart                  
          from what the references expressly disclose.  See                           
          In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319 (CCPA                    
          1962); In re Oetiker, 977 F.2d 1443, 1447-48,                               
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