Ex Parte NELSON et al - Page 3



            Appeal No. 2001-2076                                                                      
            Application No. 09/107,057                                                                

                                              OPINION                                                 

                  In reaching our conclusion on the obviousness issue raised                          
            in this appeal, this panel of the board has carefully considered                          
                                                                                    2                 
            appellants' specification and claims,1 the applied teachings,                             
            and the respective viewpoints of appellants and the examiner.  As                         
            a consequence of our review, we make the determination which                              
            follows.                                                                                  

                  This panel of the board cannot sustain the rejection on                             
            appeal.                                                                                   

                  We fully comprehend the respective teachings of the relevant                        
            Lit, Brusati, and Thornicroft references applied by the examiner,                         
                  1 In the last line of claim 37, the recitation "guide                               
            members are" should apparently be --guide member is-- for                                 
            consistency with the earlier recitation in the claim of "a guide                          
            member."  The matter should be addressed by the examiner.                                 
                  2                                                                                   
                  2 In our evaluation of the applied prior art, we have                               
            considered all of the disclosure of each 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).                                                            
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