Ex Parte Arul - Page 6



          Appeal No. 2005-0276                                                        
          Application No. 09/736,941                                                  

                    Ultracapacitor 940 is used in this disclosure to                  
               describe a class of capacitors that have several                       
               designations in the art such as super capacitor,                       
               electrochemical capacitor, and electrochemical double                  
               layer capacitor.  . . .  It should also be appreciated                 
               that the use of an ultracapacitor 940 provides an                      
               energy storage for a wide range of appliances and/or                   
               electronics, and the ultracapacitor 940 stores energy                  
               with less weight less bulk than a mechanical spring                    
               drive.  In one embodiment, an ultracapacitor 940                       
               provides several orders of magnitude higher storage                    
               density than mechanical spring drives [column 11, line                 
               29, through column 12, line 45].                                       
               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.  In             
          re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).                
               In the present case, Tiemann’s teachings that rechargeable             
          batteries and ultracapacitors/supercapacitors are art-recognized            
          alternatives for use as electrical energy storage devices in                
          wireless remote control devices and that the use of                         
          ultracapacitors/supercapacitors in this environment affords                 
          certain physical and operational advantages would have provided             
          the artisan with ample motivation or suggestion to substitute an            
          ultracapacitor or supercapacitor for the batteries in Croy’s                
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