Appeal No. 1997-3911
Application 08/368,758
Because appellants do not take issue with the examiner's
reliance on the definitions in this dictionary, those
definitions may be considered, if necessary.
Grouping of claims
Appellants treat dependent claims 15-17, 19, 20, 22, and
23 as standing or falling with claim 14 and argue claim 18
separately (Brief at 5).
The level of skill in the art
The level of skill in the art is represented by the
references. In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210, 214
(CCPA 1978) ("the PTO usually must evaluate both the scope and
content of the prior art and the level of ordinary skill
solely on the cold words of the literature"). In re GPAC
Inc., 57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir.
1995) (Board did not err in adopting the approach that the
level of skill in the art was best determined by the
references of record).
Appellants' burden of proof on appeal
In re Rouffet, 149 F.3d 1350, 1355, 47 USPQ2d 1453, 1455
(Fed. Cir. 1998), explains that
- 9 -
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007