Ex Parte SRINIVASAN et al - Page 8


         Appeal No. 2002-0113                                                       
         Application 08/799,923                                                     

              In view of the above discussed teachings of the applied art,          
         we agree with the examiner that the combination of references              
         renders appellants’ claimed mapping method obvious.                        
              That is, we determine that one of ordinary skill in the art           
         would have been motivated to use Murphy’s magnetic monitoring and          
         mapping method in Westermann's cathodic protection system to gain          
         the advantages stated by Murphy of remote detection and high               
         spatial resolution.                                                        
              Furthermore, we note that the motivation to combine need not          
         be identical with appellants’ reasons.  In re Dillon, 919 F.2d             
         688, 692, 16 USPQ2d 1897, 1901 (Fed. Cir. 1990) (en banc), cert.           
         denied, 500 U.S. 904 (1991).                                               
              Additionally, we are not persuaded by appellants’ argument            
         that the level of skill in the art is so low that one of ordinary          
         skill in the art would not know how to map multiple conductors             
         using magnetometers.  Appellants have not provided such evidence,          
         and appellants’ own specification indicates that such mapping is           
         routine.  See, e.g., the description of FEM analysis/mapping               
         found on pages 5, lines 7-12, and paragraph bridging pages 9-10            
         of appellants’ specification.  Even though this description is             
         general, we found (as discussed above) the specification to be             
         enabling, especially in view of appellants’ admissions that, for           
         example, FEM analysis is routine.  Hence, we determine that                
         mapping of multiple conductors is routine.                                 
              In summary, we find that because one of ordinary skill in             
         the art would have been motivated to combine the teachings of              
         Wassermann and Murphy resulting in a system that permits                   
         magnetometer mapping of cathodic protection currents, we agree             
         with the examiner that the subject matter of claims 1-15 would             

                                       8                                            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007