Appeal No. 1998-2179 Page 10
Application No. 08/433,231
first conveyor (belts B1, B2, B3) and the second conveyor (belt B4) of Newsome in a
substantially perpendicular orientation, a well known and conventional conveying arrangement
as illustrated by Schall, for example, in order to obtain the self-evident advantages thereof, such
as efficient use of processing space and re-orientation of conveyed articles where desired, is not
a patentable distinction over the Newsome reference.2
Turning next to the examiner's rejection of claims 1-11, 14-18 and 21-23 as being
unpatentable over Newsome in view of Reist, Schall and Shimanis, we note that claim 21
differs from claim 12, discussed above, in that claim 21 requires a plurality of first and second
conveying means. While we appreciate that none of the references applied by the examiner in
rejecting these claims expressly teaches providing a plurality of the running shingle forming
apparatus disclosed by Newsome, we also observe that, while there must be some suggestion or
motivation for one of ordinary skill in the art to make the proposed modification or
combination, it is not necessary that such be found within the four corners of the references
themselves; a conclusion of obviousness may be made from common knowledge and common
sense of the person of ordinary skill in the art without any specific hint or suggestion in a
particular reference. See In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA
2In an obviousness assessment, skill is presumed on the part of the artisan, rather than the lack thereof. In
re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985). Insofar as the references themselves are
concerned, we are bound to consider the disclosure of each for what it fairly teaches one of ordinary skill in the art,
including the inferences which one of ordinary skill in the art would reasonably have been expected to draw
therefrom. See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966) and In re Preda, 401 F.2d 825, 826,
159 USPQ 342, 344 (CCPA 1968).
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