Appeal No. 2004-0436
Application 09/746,251
segment star wheels conveying nine bottles and thus would not have been motivated to solve it.
See In re Nomiya, 509 F.2d 566, 574, 184 USPQ 607, 613 (CCPA 1975) (“The significance of
evidence that a problem was known in the prior art is, of course, that knowledge of a problem
provides a reason or motivation for workers in the art to apply their skill to its solution.”); In re
Ludwig, 353 F.2d 241, 243, 147 USPQ 420, 421 (CCPA 1965); In re Goodman, 339 F.2d 228,
232-33, 144 USPQ 30, 33-34 (CCPA 1964).
Accordingly, based on our consideration of the totality of the record before us, we have
weighed the evidence of obviousness found in Kantor with appellant’s countervailing evidence
of and argument for nonobviousness and conclude that the claimed invention encompassed by
appealed claim 1 would have been obvious as a matter of law under 35 U.S.C. § 103(a).
The examiner’s decision is affirmed.
No time period for taking any subsequent action in connection with this appeal may be
extended under 37 CFR § 1.136(a).
AFFIRMED
CHUNG K. PAK )
Administrative Patent Judge )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
CATHERINE TIMM )
Administrative Patent Judge )
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