Appeal No. 1998-0159
Application 08/410,029
elementary teaching in the art. It would have been
obvious to one of ordinary skill in the art at the
time the invention was made to use the polygonal
shape collar ferrule in Monroe et al. The ferrule
having a collar in [a] different shape is an
inherent teaching in the reference. (Final
rejection, page 2)
The Examiner further states:
In contrast, [the] Examiner agrees that the
‘063 patent [Monroe] discloses a ferrule capillary
having a cylindrical collar seated within a ferrule
base. However, the change i[n] shape from the
cylindrical collar to a polygonal collar would be
within the level of ordinary skill [of an] artisan,
since it has been held that the change i[n] shape
would have been obvious to one of [an] ordinary
skill[ed] artisan, In re Dailey, 149 USPQ 47 (CCPA
1966). (Answer, page 4)
The Examiner also cites several cases for the concept of what
combining references “taken as a whole” would suggest.
First, we are at a loss as to the significance of
the citations regarding the combination of references “taken
as a whole”. The Examiner has not combined references, a
single reference is being used.
Second, we see no inherent teaching in Monroe to
change a cylindrical collar to a polygonal collar and the
Examiner has not referenced any such teaching.
Third, Appellants’ disclosure fully discloses the
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