Ex Parte Huang et al - Page 6




          Appeal No. 2004-2277                                                        
          Application No. 09/886,760                                                  


               Although the Thomas patent does not include a detailed                 
          description of any closed-loop control system that uses the                 
          measured position data to correct misalignment, it expressly                
          indicates that the position measuring system disclosed therein              
          can be used for this purpose.  Moreover, a person of ordinary               
          skill in the art would have readily appreciated this system to be           
          relevant to the admitted prior art wafer cassette handling                  
          apparatus and method in view of (1) the disclosure by Thomas that           
          the system may be used in connection with rail transport,                   
          material handling vehicles, robotic workstations and for docking            
          maneuvers, all of which are reasonably descriptive of the                   
          admitted prior art wafer cassette handling apparatus and method,            
          and (2) the knowledge in the art that the admitted prior art                
          apparatus and method were subject to misalignment problems (see             
          the paragraph bridging pages 5 and 6 in the appellants’                     
          specification).                                                             
               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.            





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