Appeal No. 2000-0855
Application No. 08/597,377
110.
The appellants emphasize that Hasse and Lawson both
disclose elastic bands that are secured in place by an
adhesive and that neither reference discloses an elastic
device comprised of material layers positioned on opposite
sides of the elastic band and bonded to one another through
perforations provided in the elastic band. Consequently, the
appellants argue that the disclosures of Proxmire, Hasse and
Lawson would not have led a person of ordinary skill in the
art to construct an elastic structure or a diaper including
such elastic structure, wherein the elastic structure has the
features set forth in claims 8 through 10 and 20 through 24.
See main brief, pp. 38-41.
The appellants’ argument is not persuasive. Artisans
must be presumed to know something about the art apart from
what the references disclose (see In re Jacoby, 309 F.2d 513,
516, 135 USPQ 317, 319 (CCPA 1962)) and the conclusion of
obviousness may be made from "common knowledge and common
sense" of the person of
24
Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: November 3, 2007