Appeal No. 2001-0088 Page 18
Application No. 09/271,571
"suitably actuated" and an artisan from that teaching of 1
Cicotte would have, in our opinion, been led to include manual
controls to actuate the motor to cause either forward or
reverse movement of the pedal.
For the reasons set forth above, the decision of the
examiner to reject claim 20 under 35 U.S.C. § 103 is affirmed.
Claims 17 to 19, 21, 22 and 31 to 35
In accordance with the appellants grouping of claims,
noted above, and 37 CFR § 1.192(c)(7), claims 17 to 19, 21, 22
and 31 to 35 fall with claims 16 and 20. Thus, it follows
that the decision of the examiner to reject claims 17 to 19,
21, 22 and 31 to 35 under 35 U.S.C. § 103 is also affirmed.
1We observe that an artisan is presumed to know something
about the art apart from what the references disclose (see In
re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319 (CCPA 1962))
and the conclusion of obviousness may be made from "common
knowledge and common sense" of the person of ordinary skill in
the art (see In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545,
549 (CCPA 1969)). Moreover, skill is presumed on the part of
those practicing in the art. See In re Sovish, 769 F.2d 738,
743, 226 USPQ 771, 774 (Fed. Cir. 1985).
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