Appeal No. 1998-3189
Application No. 08/763,352
35 U.S.C.
§ 103. In re Bell, 991 F.2d 781, 783, 26 USPQ2d 1529, 1531
(Fed. Cir. 1993). This burden requires the examiner “to
identify some suggestion to combine [the prior art]
references” to arrive at the claimed subject matter. In re
Mayne, 104 F.3d 1339, 1342, 41 USPQ2d 1451, 1454 (Fed. Cir.
1997). The applied prior art references as a whole must be
viewed from the perspective of one of ordinary skill in the
art to determine whether “some suggestion” is present to
arrive at the claimed subject matter. Cf. In re Mills, 470
F.2d 649, 651, 176 USPQ 196, 198 (CCPA 1972).
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