Ex Parte WALCH et al - Page 3




          Appeal No. 2002-0282                                                        
          Application 09/363,407                                                      


                                       OPINION                                        


               In reaching our conclusion on the obviousness issue raised             
          in this appeal, this panel of the board has carefully considered            
          appellants’ specification and claims, the applied patent,1 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 does not sustain the examiner’s                
          rejection on appeal for the reasons appearing below.                        


               We focus our attention upon appellants’ independent claim              
          11.                                                                         





               1 In our evaluation of the applied reference, we have                  
          considered all of the disclosure of the patent 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  Next 

Last modified: November 3, 2007