Appeal No. 2002-2125 Application No. 09/078,914 products are in synchronization, and a total redesign of Doane would be required to print after the labels are applied. (Appeal Brief, page 9, lines 23-35). We note that, in justifying the combination of reference teachings in support of a rejection, it is not necessary to show that a composition or device described in one reference can be physically inserted into the composition or device described in the other. Cf. In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981)("The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference ..... Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art."). As above, we note that imbricated or individual transfer are closely related, as evidenced by Jackson’s feeder stream of imbricated articles. Again, we are not persuaded by this argument. We agree that Doane’s disclosure does not disclose a printer after the labels are applied. However, we are not persuaded by the unsupported conclusion that Jackson’s printer could not be included without a total redesign of Doane. There is no evidence of record that a printing head could not be incorporated into Doane, merely attorney argument, which is not evidence. It is 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007