Appeal No. 1999-2737
Application No. 08/438,767
diverging arms, and a head including a yoke portion, wherein
the width of the cross section of an upper portion of the head
is at a maximum adjacent the merger between the yoke portion
and the arms and decreases toward the top of the frame, the
ratio of the maximum width to the length of the cross section
of the upper portion of the head adjacent the merger being at
least 0.5.
At this point, it is appropriate to recognize that an
obviousness question cannot be approached on the basis that an
artisan having ordinary skill would have known only what they
read in references, because such artisan must be 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). Further, 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).
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