Appeal No. 1997-3676
Application 08/237,221
THE REJECTIONS
The following rejections stand under 35 U.S.C. §
103:
(1) Claims 49, 51, 53, 54 and 56 on the basis of Herrick in
view of L’Esperance, Wolbarsht, Ector and Hussein.
(2) Claims 50, 52 and 55 on the basis of Herrick in view of
L’Esperance, Wolbarsht, Ector, Hussein and Berlin.
Rather than attempt to reiterate the examiner’s full
commentary with regard to the above-noted rejections and the
conflicting viewpoints advanced by the examiner and the
appellant regarding them, we make reference to the Examiner’s
Answer (Paper No. 34) and to the Appellant’s Brief (Paper No.
32).
OPINION
The test for obviousness is what the combined
teachings of the prior art would have suggested to one of
ordinary skill in the art. See, for example, In re Keller,
642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981). In
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