Appeal No. 1997-2856
Application 08/394,251
sections and in the process the leads to the base are shorten
[sic]. Fodor shows that almost any shape can be employed just
as long as the ends of the tube are formed in the base of the
lamp so as to shorten leads thereto, etc. These are clear
advantages taught by Fodor as recited in the final rejection
and would have motivated one of ordinary skill in the art."
We agree with the Examiner that a simple U-shape having
two parallel straight sections would have been obvious to one
of ordinary skill in the art. The fact that such a shape is
not expressly shown in Fodor is not persuasive of
nonobviousness. One of ordinary skill in the art must be
presumed to know something about the art apart from what the
references expressly disclose. In re Jacoby, 309 F.2d 513,
516, 135 USPQ 317, 319 (CCPA 1962). All of the letters or
symbols in Fodor are inherently U-shaped because they must
begin and end on the same plane. A simple letter "I" or
number "1" would have a U-shape and is within the scope of the
teachings of Fodor.
For the reasons stated above, we consider Appellant's
arguments unpersuasive, and the rejection of claims 1, 2, 10,
and 18 is sustained.
- 19 -
Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: November 3, 2007