Ex Parte Mishina et al - Page 3



          Appeal No. 2003-2172                                                        
          Application No. 09/644,793                                                  

          complete statement of appellants’ argument can be found in the              
          main and reply briefs (Paper Nos. 13 and 15).                               

                                       OPINION                                        

               In reaching our conclusion on the obviousness issues1 raised           
          in this appeal, this panel of the board has carefully considered            
                                                                       3              
          appellants’ specification and claims,2 the applied teachings,               
          and the respective viewpoints of appellants and the examiner.  As           
          a consequence of our review, we make the determinations which               
          follow.                                                                     

               1 The test for obviousness is what the combined teachings of           
          references would have suggested to one of ordinary skill in the             
          art.  See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091              
          (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208 USPQ              
          871, 881 (CCPA 1981).                                                       
               2 In claim 14, line 10, it appears that the word --to--                
          should appropriately be inserted before “each”.                             
               3                                                                      
               3 In our evaluation of the applied prior art, we have                  
          considered all of the disclosure of each document for what it               
          would have fairly taught one of ordinary skill in the art.  See             
          In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                
          Additionally, this panel of the board has taken into account not            
          only the specific teachings, but also the inferences which one              
          skilled in the art would reasonably have been expected to draw              
          from the disclosure.  See In re Preda, 401 F.2d 825, 826, 159               
          USPQ 342, 344 (CCPA 1968).                                                  
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