Appeal No. 2002-0500 Page 11
Application No. 09/258,320
385, 389 (Fed. Cir. 1983) (citing Orthopedic Equip. Co. v. United States, 702 F.2d
1005, 1013, 217 USPQ 193, 200 (Fed. Cir. 1983); In re Andersen, 391 F.2d 953, 958,
157 USPQ 277, 281 (CCPA 1968)). See also In re Nievelt, 482 F.2d 965, 968, 179
USPQ 224, 226 (CCPA 1972) ("Combining the teachings of references does not involve
an ability to combine their specific structures."). The test for obviousness is not whether
the features of a reference may be bodily incorporated into the structure of another
reference but what the combined teachings of those references would have suggested
to one of ordinary skill in the art. In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881
(CCPA 1981).
Here, combining teachings of AAPA and Takahashi does not require bodily
incorporating the entire mounting arrangement of the latter into the structure of the
former. Takahashi is relied on only to disclose that the bottom face of a housing may
be used to support a shaft indirectly. The appellants' argument overlooks "the relevant
combined teachings of the references. . . ." Andersen, 391 F.2d at 958, 157 USPQ
at 281. Therefore, we reverse the obviousness rejection of claim 1 and of claims 10,
14, 15, 18, 19, 32, 33, 36, and 37, which fall therewith.
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: November 3, 2007