Ex parte ELMORE - Page 9




                 Appeal No. 1999-1784                                                                                                                   
                 Application 08/710,853                                                                                                                 


                 expected results.   Accordingly, we also affirm the rejection4                                                                                                       
                 of claim 11.                                                                                                                           


                          We reverse the rejection of claims 17 through 19.                                                                             


                          Claim 17 is drawn to a method of supplying hygienic air                                                                       
                 comprising, inter alia, coating substantially all of an                                                                                
                 interior of an indoor commercial and residential air handler                                                                           
                 with a high density, non-porous, highly reflective coating.                                                                            


                          Based upon our analysis of the applied prior art, the                                                                         
                 evidence of obviousness would have only been suggestive of                                                                             
                 applying reflective coating about the ultraviolet device of                                                                            
                 Pacosz to reflect ultraviolet rays and enhance radiation,                                                                              
                 i.e., upstream of the cooling coil 19.  From our vantage                                                                               

                          4An obviousness question cannot be approached on the                                                                          
                 basis that an artisan having ordinary skill would have known                                                                           
                 only what they read in references, because such 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).  Further, 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).                                                                          
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