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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