Appeal No. 2005-0326 Page 5
Application No. 10/081,376
expressly disclose spring washers having a flexible inner edge for biting and gripping
the reinforcing bar ends; and (3) concluded that it would have been obvious to one
having ordinary skill in the art at the time the invention was made to employ the spring
finger washers taught by Dobell, modifying the metal rings of the reinforcing bar
connection of Schade, thus allowing biting and gripping the reinforcing bar ends.
The appellants argue (brief, pp. 6-10; reply brief, pp. 2-4) that Schade's crimped
or pressed socket is a totally different type of connector than that recited in the claims,
and there would be no motivation to use Dobell's pronged plates in Schade's socket,
since to do so would provide no advantage, and because the crimping of Schade's
socket would destroy the integrity of Dobell's pronged plates, rendering them useless for
their intended purpose.
When it is necessary to select elements of various teachings in order to form the
claimed invention, we must ascertain whether there is any suggestion or motivation in
the prior art to make the selection made by the appellants. Obviousness cannot be
established by combining the teachings of the prior art to produce the claimed invention,
absent some teaching, suggestion or incentive supporting the combination.
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