Ex Parte FOLEY et al - Page 3




          Appeal No. 2001-1390                                                           
          Application No. 08/922,599                                                     


               The full text of the examiner's rejection and response to                 
          the argument presented by appellants appears in the answer (Paper              
          No. 22), while the complete statement of appellants' argument can              
          be found in the main and reply briefs (Paper Nos. 21 and 24).                  


                                        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 document,3 the               
          declaration of Beaufort M. Lancaster (one of the named                         
          inventors), and the respective viewpoints of appellants and the                
          examiner.  As a consequence of our review, we make the                         
          determination which follows.                                                   





               3 In our evaluation of the applied reference, we have                     
          considered all of the disclosure of the 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, 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).                                                 

                                           3                                             





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