Appeal No. 2005-0267 Application No. 09/982,154 thousands, is a matter of obviousness for one of ordinary skill in the art as long as the prior art teaches the suitability of the selections. In re Susi, 440 F.2d 442, 445, 169 USPQ 423, 425 (CCPA 1971); In re Lemin, 332 F.2d 839, 841, 141 USPQ 814, 815 (CCPA 1964). Appellant has failed to advance any compelling argument that refutes the basic tenet of the examiner's rejection, i.e., appellant has not explained why it would have been nonobvious for one of ordinary skill in the art to include an additional electrically relatively non-insulative polymer layer in the high voltage cable of Hastings '827 for the purpose of protecting the cable against damage during transient over- voltages. Appellant's principal brief devotes much analysis to each of the features recited in all the claims on appeal and the differences between these features and the cables disclosed in each of the three cited references. As such, appellant's principal brief is tantamount to attacking the cited references individually, rather than in combination. It is by now axiomatic that it is not necessary for a finding of obviousness under § 103 that all the elements or teachings of one reference be fully combined with those of another reference. In re Griver, 354 F.2d -6-Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007