Appeal No. 1999-2537 Page 10
Application No. 08/619,269
The test for obviousness is not whether the features of a
secondary reference may be bodily incorporated into the
structure of the primary reference; nor is it that the claimed
invention must be expressly suggested in any one or all of the
references. Rather, the test 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).
Carey discloses an article of clothing 10 including a
protective mask 12 with a scarf 14 combined therewith. As
shown in Figure 2, the mask member 12 is sized and shaped to
fit about the face and has an upper edge which extends along
the lower part of the eye socket areas of the user and
contouredly over the nose. The mask member also has a lower
edge which extends under the chin and upwardly toward the
upper edge on both sides of the face rearward of the eye
socket areas. The scarf member 14 is secured to the mask
member along the lower edge. The scarf member is sized to
extend downwardly from the lower edge substantially the height
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