Ex parte ROSS et al. - Page 5




              Appeal No. 1999-0545                                                                 Page 5                 
              Application No. 08/606,068                                                                                  


              invention was made.  See Merck & Co. v. Biotech Labs., Inc. 874 F.2d 804, 807, 10                           
              USPQ2d 1843, 1846 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989) and In re Keller,                     

              642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).  While there must be some                                 
              suggestion or motivation for one of ordinary skill in the art to combine the teachings of                   
              references, 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 1969).  Further, in 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 not only the specific teachings, but also 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).                                                                    

                     As best shown in Figure 2, Wood discloses an apparatus for continuously casting                      
              molten metal by means of first and second endless orbiting belts having common first                        
              lengths and facing front surfaces that define a casting region.  The apparatus further                      









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