Appeal No. 1999-1080
Application No. 08/681,022
We are not persuaded by this argument because there is
nothing in claim 19 precluding the spout portion from moving
during pumping nor does claim 19 require a separate activator
in communication with the pump piston.
As to claim 20, the appellants argue that there is no
teaching in either of the applied references that the valve
material should have a low organic substance absorbtivity.
Id.
We agree with the examiner that the subject matter
recited in claim 20 would have been obvious to a person of
ordinary skill in the art. We observe that an artisan must be
presumed to know something about the art apart from what the
references disclose (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 F.2d
1385, 1390, 163 USPQ 545, 549 (CCPA 1969)). Moreover, skill
is presumed on the part of those practicing in the art. See
In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir.
1985). With these principles in mind, it is our opinion that
the artisan would have selected a material for the flap valves
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