Ex parte IVE - Page 10

          Appeal No. 1999-1491                                                        
          Application No. 08/386,670                                                  

          ordinary skill in the art without any specific hint or                      
          suggestion in the 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 lack thereof.  In re Sovish, 769 F.2d               
          738, 743, 226, USPQ 771, 774 (Fed. Cir. 1985).  In combining                
          the teachings of Deck with Ledesma, we note that Deck                       
          discloses that the cushion is for supporting critically ill                 
          neonates during prolonged hospital confinement (col. 1, lines               
          11-16) and furthermore, that Deck's invention may also be used              
          for performing medical procedures with a minimum of handling                
          of the neonate (col. 3, lines 16-35).  An exemplary procedure               
          is radiography, wherein one of ordinary skill in the art would              
          know that keeping the infant in a singular position is                      
          important to obtaining accurate radiographs.  With this                     
          teaching in mind and the teaching in Ledesma (col. 1, line 31)              
          that the support cushion therein may be used for “a number of               
          operations,” we agree with the examiner that it would have                  
          been obvious to one of ordinary skill in the art to provide a               
          securement strap transverse to Ledesma's cushion (10) in order              
          to provide added securement to Ledesma's device.  One should                

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