Ex Parte FORBES et al - Page 8




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


          and maintaining tighter tolerances in milling, drilling and                 
          grinding operations without part contamination (Vortec Catalog,             
          page 4).  In this regard, it must be borne in mind that where two           
          known alternatives are interchangeable for their desired                    
          function, an express suggestion of the desirability of the                  
          substitution of one for the other is not needed to render such              
          substitution obvious.  See In re Fout, 675 F.2d 297, 301,                   
          213 USPQ 532, 536 (CCPA 1982); In re Siebentritt, 372 F.2d 566,             
          568, 152 USPQ 618, 619 (CCPA 1967).                                         


          We also again note the broad teaching in Lubbering '242                     
          (col. 3, lines 11-13) that the cold gas supply may be "cold air             
          which has been cooled by suitable means to temperatures                     
          substantially lower than minus 20 C" (emphasis added).  As                 
          conceded by appellants (brief, pages 5 and 7), vortex tube cold             
          air supply apparatus is well known and has been widely used in              
          industry, particularly for spot cooling and in enclosure cooling            
          systems since the 1960's.  Thus, we consider that one of ordinary           
          skill in the art at the time of appellants' invention would have            
          recognized the vortex tube cold gas supply apparatus of Peter or            
          the Vortec Catalog as being "suitable means" within the context             
          of the broad disclosure in Lubbering '242.                                  



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