Appeal No. 1999-0157
Application No. 08/113,310
(Fed. Cir. 1983). "Additionally, when determining
obviousness, the claimed invention should be considered as a
whole; there is no legally recognizable 'heart' of the
invention." Para-Ordnance Mfg. v. SGS Importers Int'l, Inc.,
73 F.3d 1085, 1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995),
citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d
1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983).
Appellant argues on pages 7 and 8 of the brief that even
if the proposed combination of Moo-Young and Christ was
proper, the combination fails to make a prima facie showing of
obviousness under 35 U.S.C. § 103. Appellant argues that the
proposed combination of Moo-Young and Christ is completely
devoid of any teaching of the Appellant's specific relation
between the ripeness setting selected by the user and
"maintaining a constant fermenting temperature inside an
anaerobic fermenting and ensilaging container" for a constant
period of fermentation. Appellant argues that the specific
relations defined between user selection of a ripeness
setting, predetermined fermentation time and constant
temperature defined by independent claims 2, 11 and 12 state
4
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