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). AndPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007