Ex parte CLINE - Page 9




          Appeal No. 1997-2247                                       Page 9           
          Application No. 08/259,798                                                  


          has failed to establish a prima facie case of obviousness.                  
          Therefore, we reverse the rejections of claims 1-4 as obvious               
          over Hardee and claims 5-9 and 12 as obvious over Hardee in                 
          view of Kuo.  Next, we address the rejection of claims 10 and               
          11.                                                                         


                                  Claims 10 and 11                                    
               We begin by finding that the references represent the                  
          level of ordinary skill in the art.  See In re GPAC Inc., 57                
          F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995)                      
          (finding that the Board of Patent Appeals and Interference did              
          not err in concluding that the level of ordinary skill was                  
          best determined by the references of record); In re Oelrich,                
          579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978) ("[T]he PTO                  
          usually must evaluate ... the level of ordinary skill solely                
          on the cold words of the literature.").  Of course, “‘[e]very               
          patent application and reference relies to some extent upon                 
          knowledge of persons skilled in the art to complement that                  
          [which is] disclosed ....’”  In re Bode, 550 F.2d 656, 660,                 
          193 USPQ 12, 16 (CCPA 1977) (quoting In re Wiggins, 488 F.2d                
          538, 543, 179 USPQ 421, 424 (CCPA 1973)).  Those persons “must              







Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007