Ex parte BRYNING et al. - Page 10

          Appeal No. 1997-2569                                                        
          Application No. 08/469,578                                                  

               Likewise, it is of no moment that the sample of                        
          Woodbridge is fully contained within the test strip.  The                   
          examiner merely relies on Woodbridge to establish that sonic                
          mixing is a form of the vibratory mixing disclosed in Lee.  It              
          is well settled that a rejection premised upon a proper                     
          combination of references cannot be overcome by attacking the               
          references individually.  As pointed out above, the test for                
          obviousness is not what the individual references teach, but                
          what the combined teachings of the references would have                    
          suggested to one having ordinary skill in the art.  Keller,                 
          642 F.2d at 425, 208 USPQ at 881.                                           
               For the reasons set forth above, the combined teachings                
          of Gibbs, Lee and Woodbridge suggest the claimed invention and              
          provide a reasonable expectation of success.  Therefore, the                
          decision of the examiner is affirmed.                                       


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