Appeal No. 2000-1607 Page 6
Application No. 09/084,486
bedding comprising soft filaments of polymers such as polyolefin and polyethylene. The
examiner expresses the view that one of ordinary skill in the art would have found it obvious
to combine these two elements in the proportions recited in the claims here rejected
“through routine tests and experimentation,” and to utilize these in the Reynolds mat
(Answer, pages 4 and 5). Be that as it may, considering the references in the light of
3
Section 103, the teachings of Ballard do not overcome the deficiency in Reynolds that
was set out above in the discussion of the Section 102 rejection. This being the case, the
rejection under Section 103 is not sustained.
SUMMARY
Neither rejection is sustained.
3The test for obviousness is what the combined teachings of the prior art would
have suggested to one of ordinary skill in the art. See, for example, In re Keller, 642 F.2d
413, 425, 208 USPQ 871, 881 (CCPA 1981).
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