Appeal No. 1998-1365 Page 6 Application No. 08/663,969 patentable from each other. They also fail to explain why claims 32, 33, 41, and 42 are believed to be separately patentable from each other. Therefore, the claims stand or fall together in the following groups: • claims 27, 28, 31, 35-37, 40, and 44. • claims 32, 33, 41, and 42. We select claims 36 and 42 to represent the respective groups. Next, we address the obviousness of the claims. Obviousness of the Claims We begin by finding that the references represent the level of ordinary skill in the art. See In re GPAC Inc., 57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (finding that the Board of Patent Appeals and Interference did not err in concluding that the level of ordinary skill in the art was best determined by the references of record); In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978) ("[T]he PTO usually must evaluate ... the level of ordinary skill solely on the cold words of the literature."). Of course, “‘[e]very patent application and reference relies to some extent upon knowledge of persons skilled in the art toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007