Ex Parte Bersuch et al - Page 35



          Appeal No. 2006-0132                                                       
          Application No. 09/946,627                                                 
          obtaining a more secure bonding.                                           
             The appellants argue that “[n]either Campbell et al. nor               
          Alston et al. teach the use of a woven perform through which               
          Z-pins are inserted.”  See the Brief, page 15.  In so arguing,             
          the appellants again fail to consider the applied prior art                
          references as a whole as required by section 103(a).  Young, 927           
          F.2d at 591, 18 USPQ2d at 1091; Keller, 642 F.2d at 425, 208 USPQ          
          at 881.  That is, the obviousness test is not what the prior art           
          references individually teach, but what their combined teachings           
          would have fairly suggested to a person having ordinary skill in           
          the art.  Id.  Here, as indicated supra, Wanthal teaches using Z-          
          pins to bond a woven pre-form to a composite layer in aircraft             
          construction.  Both Campbell and Alston teach improving the                
          bonding of aircraft parts by appropriately using the Z-pins.               
          Thus, for the reasons indicated above and in the Answer, we                
          concur with the examiner that the prior art references as a whole          
          would have rendered the subject matter defined by claims 18                
          through 21 obvious to one of ordinary skill in the art.5                   
             Accordingly, we affirm the examiner’s decision rejecting               
          claims 18 through 21 under section 103(a).                                 
                                                                                    
          5  The appellants argue that McKague, Jr. is not available as “prior art”  
          under section 102(e).  See the Brief, page 15.  However, the examiner no   
          longer relies McKague, Jr. in the rejections set forth in the Answer.  See the
          Answer, pages 11 and 12.  Thus, this argument is moot.                     
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