Appeal No. 1998-0628
Application 08/197,100
Remy teaches that the prior art methods of illuminating
spots or regions on the container successively while rotating
the beam during measurement "is time-consuming and is
therefore not suitable for control measurements which are to
keep pace with the high-speed of modern bottle washing and
filling plants which process up to 15 bottles per second"
(col. 2, lines 16-19). Thus, Remy clearly recognizes the need
for speed in testing if such was not already notoriously well
known to those of ordinary skill in all manufacturing arts.
We disagree with Appellants' argument that they discovered the
need to inspect quickly.
It is argued that secondary indicia of non-obviousness
includes the prior art teaching away from the substitution,
combination or modification and Schmalfuss teaches away from
the claimed invention, which supports the conclusion of
non-obviousness (Br9).
While we consider "teaching away" as part of the finding
of the "content of the art," i.e., the content of the art as a
whole must be considered, rather than objective evidence of
nonobviousness, Schmalfuss is relied on only for its teaching
of testing optical components.
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