Ex parte DEILY et al. - Page 3




                 Appeal No. 1998-1824                                                                                                                   
                 Application No. 08/463,383                                                                                                             





                                                                     OPINION                                                                            


                          In reaching our conclusion on the obviousness issue                                                                           
                 raised in this appeal, this panel of the board has carefully                                                                           
                 considered appellants’ specification and claims, the applied                                                                           
                 teaching,  and the respective viewpoints of appellants and the2                                                                                                                      
                 examiner.  As a consequence of our review, we make the                                                                                 
                 determination which follows.                                                                                                           


                          We reverse the examiner’s rejection of appellants’ claims                                                                     
                 under 35 U.S.C. § 103.                                                                                                                 




                          2In our evaluation of the applied prior art, we have                                                                          
                 considered all of the disclosure of the Linne 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 of the Linne                                                                              
                 patent, 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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