Ex parte MILLER et al. - Page 5




                 Appeal No. 2000-1914                                                                                                                   
                 Application No. 08/718,643                                                                                                             


                 teachings,  and the respective viewpoints of appellants and4                                                                                                                    
                 the examiner.  As a consequence of our review, we make the                                                                             
                 determination which follows.                                                                                                           


                          This panel of the board reverses each of the examiner’s                                                                       
                 rejections of appellants’ claims under 35 U.S.C. § 103(a).                                                                             
                 Our reasoning appears below.                                                                                                           


                          At the outset, it is important to appreciate that each of                                                                     
                 appellants’ respective independent device and method claims 1,                                                                         
                 11, 28, 31, 40, and 48 requires, inter alia, a flow of “an                                                                             
                 insect attractant”.                                                                                                                    


                          The primary reference relied upon by the examiner in each                                                                     
                 of the obviousness rejections on appeal is the Deyoreo patent.                                                                         

                          4In our evaluation of the applied prior art, we have                                                                          
                 considered all of the disclosure of each document for what it                                                                          
                 would have fairly taught one of ordinary skill in the art.                                                                             
                 See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA                                                                              
                 1966). Additionally, this panel of the board has taken into                                                                            
                 account not only the specific teachings, but also the                                                                                  
                 inferences which one skilled in the art would reasonably have                                                                          
                 been expected to draw from the disclosure.  See In re Preda,                                                                           
                 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                                                                                      

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