Ex parte ARCHIBALD et al. - Page 11

          Appeal No. 1998-1289                                                        
          Application 07/906,492                                                      

                 The examiner’s conclusion (see pages 2 and 3 in the                  
            final rejection) that the combined teachings of Ware and                  
            Nelson would have suggested the method recited in claim                   
            is well founded.  Nelson’s description of the economic                    
            and efficiency advantages afforded by the production of                   
            two rims from a so-called “double rim member” would have                  
            provided the artisan with ample suggestion or motivation                  
            to employ similar steps to produce Ware’s rim parts 11,                   
            thereby arriving at the method recited in claim 24.  The                  
            appellants’ position to the contrary (see pages 6 through                 
            10 in the main brief and pages 4 and 5 in the reply                       
            brief) essentially rests on alleged individual                            
            deficiencies in Ware and Nelson vis--vis the claimed                     
            method.  Non-obviousness, however, cannot be established                  
            by attacking references individually where, as here, the                  
            rejection is based upon the teachings of a combination of                 
            references.  In re Merck & Co., Inc.,                                     
            800 F.2d 1091, 1097, 231 USPQ 375, 380 (Fed. Cir. 1986).                  
            The appellants’ related argument that Ware’s use of a                     
            thermosetting or thermoplastic locking member teaches                     

Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007