Ex Parte Tsai et al - Page 13




                    Appeal No. 2004-1123                                                                                                                                  
                    Application No. 09/933,503                                                                                                                            


                    removal element of Baseman used to reduce the chemical vapors,                                                                                        
                    e.g., water vapor, that might damage or degrade the semiconductor                                                                                     
                    wafers stored in the SMIF pod would be located in the cavity                                                                                          
                    where the wafer cassette is carried, i.e., inside the liners of                                                                                       
                    the combination SMIF pod as posited by the examiner and,                                                                                              
                    following the teachings of Baseman and Roberson, such vapor                                                                                           
                    removal element would provide an environment inside the SMIF                                                                                          
                    pod/liners having a "Relative Vapor Concentration (RVC) or                                                                                            
                    relative humidity of less that 10%, and possibly as low as 0.1%.                                                                                      


                    In reaching our above conclusion, we note that the test for                                                                                           
                    obviousness is not whether the features of a secondary reference                                                                                      
                    may be bodily incorporated into the structure of the primary                                                                                          
                    reference, nor is it that the claimed invention must be expressly                                                                                     
                    suggested in any one or all of the references.  Rather, the test                                                                                      
                    is what the combined teachings of the references would have                                                                                           
                    suggested to those of ordinary skill in the art at the time of                                                                                        
                    appellants' invention.  See, In re Keller, 642 F.2d 413, 425,                                                                                         
                    208 USPQ 871, 881 (CCPA 1981).  Moreover, we emphasize that we                                                                                        
                    have presumed skill on the part of the artisan, rather than the                                                                                       
                    converse.  See In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774                                                                                     
                    (Fed. Cir 1985).                                                                                                                                      

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