Ex Parte Gorrell - Page 7



          Appeal No. 2005-0267                                                        
          Application No. 09/982,154                                                  

          377, 381, 148 USPQ 197, 200 (CCPA 1966); In re Billingsley,                 
          279 F.2d 689, 691, 126 USPQ 370, 372 (CCPA 1960).  Rather, the              
          proper inquiry under § 103 is what the references, taken                    
          collectively, would have suggested to one of ordinary skill in              
          the art.  In re Keller, 642 F.2d 413, 426, 208 USPQ 871, 882                
          (CCPA 1981).  In the present case, the separate arguments                   
          advanced by appellant for each claim on appeal fail to set forth            
          a rationale why one of ordinary skill in the art would have                 
          considered it nonobvious to modify the high voltage cable of                
          Hastings '827 in the manner proposed by the examiner.                       
               As a final point, we note that appellant bases no argument             
          upon objective evidence of nonobviousness, such as unexpected               
          results, which would serve to rebut the prima facie case of                 
          obviousness established by the examiner.                                    
               In conclusion, based on the forgoing and the reasons well-             
          stated by the examiner, the examiner's decision rejecting the               
          appealed claims is affirmed.                                                






                                         -7-                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007