Ex Parte Messina et al - Page 4



         Appeal No. 2006-1098                                                       
         Application No. 09/990,115                                                 

         identified areas of the article where enhanced sound attenuation           
         is required, we agree with the examiner that “[s]ince Leenslag             
         teaches employing the polyurethane foam as sound insulation, it            
         implicitly teaches the step of first ascertaining the acoustic             
         properties of an articles [sic, article] to identify areas where           
         sound attenuation is necessary” (page 3 of Answer, first                   
         paragraph, last sentence).  Indeed, insofar as Leenslag                    
         evidences that it was known in the art to employ polyurethane as           
         sound insulation in automobiles, we are convinced that it would            
         have been obvious for one of ordinary skill in the art to                  
         ascertain the specific locations in the automobile which require           
         insulation from sound.                                                     
              While appellants emphasize that neither of the applied                
         references discloses the claimed step of ascertaining the areas            
         needing insulation, it is not necessary for a finding of                   
         obviousness under § 103 that the prior art references                      
         specifically disclose a claimed feature.  B.F. Goodrich Co. v.             
         Aircraft Braking Systems Corp., 72 F.3d 1577, 1582, 37 USPQ2d,             
         1314, 1318 (Fed. Cir. 1996).  It is well settled that the test             
         for obviousness is what the combined teachings of the prior art            
         would have suggested to one of ordinary skill in the art.  In re           


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