Ex parte ETTER et al. - Page 4




              Appeal No. 1999-0709                                                                      Page 4                
              Application No. 08/400,335                                                                                      


              force the print system support 32 past the position shown in Figure 9 in which a release lever                  
              44 pivotally attached thereto and biased to the left by a spring 50 contacts the upper surface of               
              a detent block 28.  If, on the other hand, the postage balance is sufficient, and if a letter is                
              detected in the letter receiving slot 20, the microcomputer generates a control signal to energize              
              a solenoid 42 to draw the release lever 44 to the right against the force of the spring 50, so that             
              the release lever 44 clears the detent block 28, as shown in Figure 10.  Under these                            
              circumstances, continued downward pressure on the cover member 38 forces the printing                           
              wheels into the letter receiving slot to print postage on the face of the letter in that slot (column           
              7, lines 37-65).                                                                                                
                      The examiner concedes that Hubbard lacks "a rotor rotatable relative to the main body                   
              for imprinting postage indicia on a mail piece through rotation thereof" as required by each of                 
              the appellants' independent claims 15, 22 and 23.  However, the examiner contends that                          
                      [ i]t would have been obvious to one of ordinary skill in the art at the time the                       
                      invention was made to provide the postage meter of Hubbard with the rotating                            
                      print drum and necessary supporting structure as taught by Miller so as to                              
                      enhance the printing efficiency of the postage meter.  The mere application of                          
                      one type of print drum over another based upon their well known properties and                          
                      intended use by those having ordinary skill in the art would involve no                                 
                      unobviousness [answer, page 4].                                                                         
                      The test of obviousness is "what the combined teachings of the references would have                    
              suggested to those of ordinary skill in the art."  In re Keller, 642 F.2d 413, 425, 208 USPQ                    
              871, 881 (CCPA 1981).  However, obviousness "cannot be established by combining the                             









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