Appeal No. 1997-1826 Application No. 08/304,951 and teachings of Carabateas as a whole. See In re Burckel, 592 F.2d 1175, 1179, 201 USPQ 67, 70 (CCPA 1979)(“[A] reference must be considered not only for what it expressly teaches, but also for what it fairly suggests.”). Appellants’ argument that Carabateas fails to specifically disclose any compounds with primary amino substituents in any of the positions of the benzene ring is technically correct but not persuasive (Brief, pages 5-6;2 Reply Brief, page 1). “Examples in a reference are merely that, exemplary of the broader disclosure, all of which is available for what it clearly teaches.” In re Widmer, 353 F.2d 752, 757, 147 USPQ 518, 523 (CCPA 1965). See also In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976)(“The fact that neither of the references expressly discloses asymmetric dialkyl moieties is not controlling; the question under 35 USC 103 is not merely what the references expressly teach, but what they would have suggested to one of ordinary skill in the art at the time the invention was 2Although no examples in Carabateas are directed to primary amino substituents, the reference specifically teaches the preparation of compounds with a primary amino substituent. See col. 3, ll. 24-32. 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007