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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