Ex parte TAYALI et al. - Page 11




          Appeal No. 2000-2230                                      Page 11           
          Application No. 08/706,767                                                  


          porous material such as sintered metallic or ceramic material.              
          In the reply brief (p. 1), the appellants agree that the                    
          examiner is technically correct and offered to amend claim 15               
          by changing "coated" to --covered-- and by changing "coating"               
          to                                                                          
          --covering--.  However, the examiner refused to enter these                 
          amendments.                                                                 


          The obviousness rejections                                                  
               We will not sustain the rejection of claims 15 to 34                   
          under 35 U.S.C. § 103.                                                      


               Obviousness is tested by "what the combined teachings of               
          the references would have suggested to those of ordinary skill              
          in the art."  In re Keller, 642 F.2d 413, 425, 208 USPQ 871,                
          881 (CCPA 1981).  But it "cannot be established by combining                
          the teachings of the prior art to produce the claimed                       
          invention, absent some teaching or suggestion supporting the                
          combination."  ACS Hosp. Sys., Inc. v. Montefiore Hosp., 732                
          F.2d 1572, 1577, 221 USPQ 929, 933 (Fed. Cir. 1984).  And                   









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