Ex parte ALEXANDRE - Page 7




          Appeal No. 2001-0528                                       Page 7           
          Application No. 08/892,348                                                  


          871, 881 (CCPA 1981).  That is, the question of obviousness                 
          cannot be approached on the basis that an artisan having                    
          ordinary skill would have known only what they read in the                  
          references, because such 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).                
          It is not necessary that suggestion or motivation be found                  
          within the four corners of the references themselves; a                     
          conclusion of obviousness may be made from common knowledge                 
          and common sense of the person of ordinary skill in the art                 
          without any specific hint or suggestion in a particular                     
          reference.  See In re Bozek, 416 F.2d 1385, 1390, 163 USPQ                  
          545, 549 (CCPA 1969).  Further, in an obviousness assessment,               
          skill is presumed on the part of the artisan, rather than the               
          lack thereof.  In re Sovish, 769 F.2d 738, 226 USPQ 771 (Fed.               
          Cir. 1985).  We are bound to consider the disclosure of each                
          reference for what it fairly teaches one of ordinary skill in               
          the art, including not only the specific teachings, but also                
          the inferences which one of ordinary skill in the art would                 
          reasonably have been expected to draw therefrom.  See In re                 









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