Appeal No. 2003-1284 Page 15
Application No. 09/887,179
different multiple tools for hunters, fishermen, campers, bicyclists motorcyclists and
automobilists and Chuang clearly teaches that a bicyclist's combination tool should
include both a spoke wrench and a bicycle chain tool as well as other bicycle tools.
Accordingly, it is our determination that a prima facie case of obviousness has been set
forth in the rejection under 35 U.S.C. § 103 before us in this appeal.
The appellant also argues the deficiencies of each reference on an individual
basis, however, it is well settled that nonobviousness cannot be established by
attacking the references individually when the rejection is predicated upon a
combination of prior art disclosures. See In re Merck & Co. Inc., 800 F.2d 1091, 1097,
231 USPQ 375, 380 (Fed. Cir. 1986).
Lastly, the appellant argues that it is not physically possible to add a chain repair
tool to Leatherman without removing all of the tools from one of the handles and thus
makes the invention of Leatherman unsuitable for its intended purpose. There is no
evidence in the record before us in this appeal that adding a chain repair tool to
Leatherman requires removing all of the tools from one of the handles or that such a
change makes the invention of Leatherman unsuitable for its intended purpose.
Attorney argument in a brief cannot take the place of evidence. In re Pearson, 494
F.2d 1399, 1405, 181 USPQ 641, 646 (CCPA 1974). Moreover, even if all of the tools
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