Appeal 1997-2526
Application 08/506,545
invention. The relevant inquiry is whether there is a reason,
suggestion, or motivation in the prior art that would lead one
of ordinary skill in the art to combine the teachings of the
references, and that would also suggest a reasonable
likelihood of success. Such a suggestion or motivation may
come from the references themselves, from knowledge by those
skilled in the art that certain references are of special
interest in a field, or even from the nature of the problem to
be solved. Smith Industries Medical Systems, Inc. v. Vital
Signs, Inc., 183 F.3d 1347, 1356, 51 USPQ2d 1415, 1420-21
(Fed. Cir. 1999). In this case, the examiner has failed to
identify a motivation, teaching or suggestion to combine the
prior art in the manner suggested in the examiner's answer.
Applicant's invention may seem simple. We decline, however,
to equate simplicity with obviousness.
The decision of the examiner rejecting claims 1-21 cannot
be sustained.
REVERSED.
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