Appeal No. 2000-0855
Application No. 08/597,377
ordinary skill in the art (see In re Bozek, 416 F.2d 1385,
1390, 163 USPQ 545, 549 (CCPA 1969)). Moreover, skill is
presumed on the part of those practicing in the art. See In
re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir.
1985). Therefore, the respective advantages and disadvantages
of well-known materials used in the disposable absorbent
garment art such as natural rubber and elastomers would have
been apparent to the artisan (note In re Heinrich, 268 F.2d
753, 122 USPQ 388, 390 (CCPA 1959)) and, accordingly, we
perceive that the selection of well-known materials having
properties which are well-known in the art (such as natural
rubber and polyurethane foam) would have been obvious (see In
re Leshin, 277 F.2d 197, 125 USPQ 416, 418 (CCPA 1960)).
CONCLUSION
To summarize, the examiner’s decision to reject claims 1,
4 through 6, 11 through 17, 19 and 25 under 35 U.S.C. § 102 is
affirmed as to claims 4, 6, 11, 15, 16, 19 and 25, but
reversed as to claims 1, 5, 12 through 14 and 17. In
addition, the examiner’s decision to reject claims 3, 7 and 18
under 35 U.S.C. § 103 is reversed and the examiner’s decision
25
Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: November 3, 2007