Appeal No. 2003-1284 Page 12
Application No. 09/887,179
Ascertainment of differences
After the scope and content of the prior art are determined, the differences
between the prior art and the claims at issue are to be ascertained. Graham v. John
Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on our analysis and review of Leatherman and claim 6, it is our opinion
that the differences are that Leatherman does not disclose a folding multi-tool having
(1) a spoke wrench which pivots into the channel-shaped handles; and (2) a bicycle
chain tool which pivots into the channel-shaped handles.
Level of ordinary skill in the art
The level of ordinary skill in the pertinent art must be resolved. Graham v. John
Deere Co., id. Six factors are relevant to a determination of the level of ordinary skill:
educational level of the inventor, type of problems encountered in the art, prior art
solutions, rapidity of innovation, sophistication of technology, and educational level of
active workers in the field. Environmental Designs, Ltd. v. Union Oil Co., 713 F.2d 693,
697, 218 USPQ 865, 868-69 (Fed. Cir. 1983), cert. denied, 464 U.S. 1043 (1984) and
Orthopedic Equipment Co. v. All Orthopedic Appliances, 707 F.2d 1376, 1382, 217
USPQ 1281, 1285 (Fed. Cir. 1983). However, a specific finding of a particular level of
skill is not always necessary where, as here, the applied prior art itself reflects an
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