Appeal No. 1999-0941 Page 7
Application No. 08/756,424
The test for obviousness is what the combined teachings of the references would have
suggested to one of ordinary skill in the art. See In re Young, 927 F.2d at 591, 18 USPQ2d at 1091
(Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981). Indeed,
a prima facie case of obviousness is established where the reference teachings would appear to be
sufficient for one of ordinary skill in the art having those teachings before him to make the proposed
combination or modification. See In re Lintner, 458 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA
1972). Moreover, in evaluating such references it is proper to take into account not only the specific
teachings of the references but also the inferences which one skilled in the art would reasonably be
expected to draw therefrom. In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).
Like the examiner, we are satisfied that the aforementioned teachings of Steere, viewed as a
whole, would have suggested to one of ordinary skill in the art that the epoxy potting material (175') or,
in lieu thereof, the bottom plate (220) provides two important performance enhancing attributes, rigidity
and a generally planar bottom surface, to the disclosed hollow shell of Steere and, accordingly, would
have led such an artisan to construct the marker embodied in Figures 14 and 15 using materials and
dimensions so as to approximate the rigidity of conventional potted markers which have proven to be
successful in use. As available prior art potted markers known in the art to have good road adhesion3
An artisan must be presumed to know something about the art apart from what the references disclose3
(see In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319 (CCPA 1962)) and the conclusion of obviousness may be
made from "common knowledge and common sense" of the person of ordinary skill in the art (see In re Bozek, 416
(continued...)
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