Ex parte BRIGGS - Page 3




                 Appeal No. 1998-0463                                                                                                                   
                 Application No. 08/450,849                                                                                                             


                 and 4, while the complete statement of appellant’s argument                                                                            
                 can be found in the brief (Paper No. 11).                                                                                              


                          In the brief (page 3), appellant groups claims 1 through                                                                      
                 21 together and groups claims 22 and 23 with each other.                                                                               
                 However, the arguments advanced in the brief appear to address                                                                         
                 matters relating to the content of each of the independent                                                                             
                 claims on appeal.  Therefore, to fairly address the claimed                                                                            
                 subject matter on appeal, we shall focus our attention, infra,                                                                         
                 upon independent claims 1, 18, 20, and 22, with the dependent                                                                          
                 claims respectively standing or falling therewith.                                                                                     


                                                                     OPINION                                                                            


                          In reaching our conclusion on the obviousness issue1                                                                          
                 raised in this appeal, this panel of the board has carefully                                                                           
                 considered appellant’s specification and independent claims 1,                                                                         

                          1The test for obviousness is what the combined teachings                                                                      
                 of references would have suggested to one of ordinary skill in                                                                         
                 the art.  See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089,                                                                          
                 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208                                                                         
                 USPQ 871, 881 (CCPA 1981).                                                                                                             

                                                                           3                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007