ALTHAUS V. OLDROYD - Page 14




                 Interference No. 104,158                                                                                                               



                 skill has been described as a mechanical engineering degree                                                                            
                 and several years of experience in the wet shaving razor art.                                                6                         
                                   With the above-noted factual findings in mind, it is                                                                 
                 our determination that the subject matter of Oldroyd claim 9                                                                           
                 would not have been obvious to one of ordinary skill in view                                                                           
                 of the combined teachings of these references.  We do not                                                                              
                 reach the                                                                                                                              


                 issue of motivation to combine vis-a-vis impermissible                                                                                 
                 hindsight in view of our finding, in agreement with factual                                                                            
                 finding 37 of Oldroyd, that the references taken singly or                                                                             
                 together do not teach the claim limitation that the pivot axis                                                                         
                 lies on or beneath the surface being shaved.  Only Kirk                                                                                
                 teaches a pivot axis perpendicular to the edge of the blades,                                                                          
                 and Kirk teaches that this                                                                                                             
                 axis XX should be adjacent to the pivot axis YY in one                                                                                 
                 embodiment                                                                                                                             





                          6See Jacobson at AR30.                                                                                                        
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