Ex Parte MCNEIL - Page 3



          Appeal No. 1999-0233                                                        
          Application No. 08/787,893                                                  


                                       OPINION                                        

               In reaching our conclusion on the obviousness issue raised             
          in this appeal, this panel of the board has carefully considered            
          appellant’s specification and claims,2 the applied teaching,3 and           
          the respective viewpoints of appellant and the examiner.  As a              
          consequence of our review, we make the determination which                  
          follows.                                                                    

               We do not sustain the examiner’s rejection of appellant’s              
          claims.                                                                     




               2 We have perceived a number of informalities in the claims            
          which we focus upon in a remand to the examiner, infra.                     
               3                                                                      
               3 In our evaluation of the applied prior art, we have                  
          considered all of the disclosure of the specified 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                                           




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

Last modified: November 3, 2007