Ex Parte FORBES et al - Page 6

          Appeal No. 1999-2775                                                        
          Application No. 08/549,847                                                  

          machinery and surfaces in grinding applications, and concludes              
          based on the teachings of Lubbering '242 and the Vortec catalog             
          that it would have been obvious to one of ordinary skill in the             
          art at the time the invention was made to replace the cold air              
          supply arrangement in the abrading device of Lubbering '242 with            
          a vortex tube arrangement as taught in the Vortec Catalog, in               
          order to produce cold gas efficiently and inexpensively and to              
          eliminate liquid coolant problems, as noted in the Vortec Catalog           
          (page 4).                                                                   

          Noting that skill is presumed on the part of those versed in                
          the art (see In re Sovish, 769 F.2d 738, 742, 226 USPQ 771, 774             
          (Fed. Cir. 1985)), we are in agreement with the examiner's                  
          conclusion that one of ordinary skill in the art at the time of             
          appellants' invention would have found it obvious to utilize the            
          known vortex tube cold air supply exemplified by either Peter or            
          the Vortec Catalog in place of the cold gas supply arrangement              
          (8, etc.) seen in Lubbering '242, so as to gain the known                   
          advantages of the simple, lightweight, compact, relatively                  
          inexpensive and maintenance free vortex tube cold gas supply                
          apparatus and to eliminate problems associated with use of a                
          liquid coolant.  While it is true that neither Peter nor the                


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