Appeal No. 2000-1616
Application 08/698,054
U.S.C. § 103(a) are likewise sustained.
In further response to appellants’ arguments, we observe
that where the issue is one of obviousness under 35 U.S.C. §
103, the proper inquiry should not be limited to the specific
structure shown by a reference, but should be into the
concepts fairly contained therein, with the overriding
question to be determined being whether those concepts would
have suggested to one skilled in the art the modification
called for by the claims. See In re Bascom, 230 F.2d 612, 614,
109 USPQ 98, 100 (CCPA 1956). Furthermore, under 35 U.S.C. §
103, a reference must be considered not only for what it
expressly teaches, but also for what it fairly suggests (In re
Burckel, 592 F.2d 1175, 1179, 201 USPQ 67, 70 (CCPA 1979); In
re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA
1976)), as well as the reasonable inferences which the artisan
would logically draw from the reference. See In re Shepard,
319 F.2d 194, 197, 138 USPQ 148, 150 (CCPA 1963). As stated by
the Court in In re Keller, 642 F.2d 413, 425, 208 USPQ 871,
881 (CCPA 1981).
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