Appeal No. 2002-1603
Application 09/320,853
As for appellants’ concern that Otsuka does not show or
describe the roller (5) and its series of cylindrical rolling
elements (8) as being within a groove formed in the cylindrical
inner circumferential surface of the roller so as to “form an
independent assembly that prevents the rolling elements from
dispersing prior to mounting the assembly on a trunnion,” we are
of the view that such a pre-assembly arrangement of the same
elements shown in Otsuka would have been perceived by the
ordinarily skilled artisan as being necessary in order to arrive
at the assembled constant velocity joint seen in Figures 3-5 of
that patent. While it is true that Otsuka does not provide any
express description of such an arrangement, we direct attention
to In re Meng, 492 F.2d 843, 847, 181 USPQ 94, 97 (CCPA 1974)
wherein the Court indicated that "a drawing is available as a
reference for all it teaches a person of ordinary skill in the
art" (emphasis in original), and that
a claimed invention may be anticipated or rendered
obvious by a drawing in a reference, whether the drawing
disclosure be accidental or intentional.
See also In re Mraz, 455 F.2d 1069, 1072, 173 USPQ 25, 27 (CCPA
1972) and In re Bager, 47 F.2d 951, 952-53, 8 USPQ 484, 486 (CCPA
1931).
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