Ex Parte KADIJK et al - Page 4




          Appeal No. 2003-1474                                                        
          Application No. 09/024,631                                                  
               The examiner thus concludes that it would have been obvious            
          to one having ordinary skill in the art at the time the invention           
          was made to provide [Bakker] with the shaving head configuration            
          of Driessen for its benefits.  (Id., page 3, lines 15-17).                  
               The appellant urges that the combination of references does            
          not teach or suggest the claimed subject matter  (Appeal Brief,             
          page 7, lines 8-10).  More specifically, Bakker is said to fail to          
          teach the claimed shaving fields (Id., page 7, lines 18-24), while          
          Driessen is said to not show an arrangement of two, adjacent shear          
          plates proximate to a shaving field of the same type of hair entry          
          apertures in the other adjacent shear plate (Id., page 7, last              
          line through page 8).                                                       
               The appellants position is without merit.  The Appellants              
          argue each reference individually, instead of considering the art           
          as a whole.  The test for obviousness involves consideration of             
          what the combined teachings, as opposed to the individual                   
          teachings, of the references would suggest to those of ordinary             
          skill in the art.  In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089,          
          1091 (Fed. Cir. 1991); In re Keller, 642 F.2d 413, 425, 208 USPQ            
          871, 881 (CCPA 1981). If each reference alone disclosed the                 
          claimed invention, the rejection would have properly included a             
          rejection under 35 U.S.C. § 102.                                            


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