Ex Parte FORBES et al - Page 10




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


          otherwise have been obvious.  See Ex parte Obiaya, 227 USPQ 58,             
          60 (BPAI 1985), aff'd.mem., 795 F.2d 1017 (Fed. Cir 1986).                  


          Contrary to appellants' position, we do not believe that                    
          resort to appellants' own teachings is necessary in order to                
          support the combination of Lubbering '242 and Peter, or Lubbering           
          '242 and the Vortec Catalog.  From our viewpoint, hindsight has             
          not been utilized, since only knowledge which was within the                
          level of ordinary skill in the art at the time of appellants'               
          invention has been employed to derive a reasonable suggestion to            
          do what the claimed subject matter encompasses, and thus justify            
          the rejection.  For these reasons, we will sustain the examiner's           
          rejection of appellants' claim 13 under 35 U.S.C.  103.                    


          Given appellants' grouping of the claims (brief, page 4), we                
          also sustain the standing  103 rejection of dependent claims 15            
          through 17, since these claims fall with independent claim 13.              


          As for the examiner's rejection of claims 1, 2, 5 through 7                 
          and 14 under 35 U.S.C.  103 as being unpatentable over Lubbering           
          '242 in view of Peter or the Vortec Catalog, we are in agreement            
          with appellants position (brief, page 9) that none of the                   
          references applied by the examiner teaches or suggests an                   

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