Appeal No. 2002-1876 Application 09/358,158 referred to as "Br__") and reply brief (Paper No. 16) (pages referred to as "RBr__") for a statement of appellants' arguments thereagainst. OPINION Grouping of claims The claims are grouped to stand or fall together (Br3). Factual findings The level of ordinary skill in the art is evidenced by the references. See In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978) ("the PTO usually must evaluate both the scope and content of the prior art and the level of ordinary skill solely on the cold words of the literature"); In re GPAC Inc., 57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (the Board did not err in adopting the approach that the level of skill in the art was best determined by the references of record); Okajima v. Bourdeau, 261 F.3d 1350, 1355, 59 USPQ2d 1795, 1797 (Fed. Cir. 2001) ("[T]he absence of specific findings on the level of skill in the art does not give rise to reversible error 'where the prior art itself reflects an appropriate level and a need for testimony is not shown.'"). Atsumi '565, Figs. 1-3, discloses the connector of claim 1 except for the limitation, "wherein at least one of the width and thickness of the partial locking arms is set smaller than that of - 4 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007