Appeal No. 2005-1777
Application No. 10/186,170
Turning now to the teachings of Schonberg, we find that an
electron beam is used for treatment of different types of
materials such as liquids (col. 2, lines 54-61). Schonberg
further discloses that electron beam systems may be used to
remove toxic compounds such as organic contaminants from soil and
ground water (col. 8, lines 25-27). Similarly, Wakalopulos
relates to sterilization in the field of medicine and
pharmaceutical production where protection from harmful
microorganisms is needed (col. 1, lines 11-13) by using electron
beam to create a plasma cloud (col. 2, lines 66-67). Thus, the
skilled artisan would have used electron beam to create a plasma
cloud for removing organic contaminants or bacteria from other
fluids such as machine coolants and lubricants.
We also remain unconvinced by Appellants that the skilled
artisan would not have been motivated to combine LeBlanc,
Schonberg and Wakalopulos. We recognize that the motivation to
combine prior art references may be found in the nature of the
problem to be solved. Ruiz v. A.B. Chance Co., 357 F.3d 1270,
1276, 69 USPQ2d 1686,1690 (Fed. Cir. 2004). Also, the teaching,
motivation or suggestion may be implicit from the prior art as a
whole, rather than expressly stated in the references. See WMS
Gaming, Inc. v. International Game Tech., 184 F.3d 1339, 1355, 51
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007