Appeal No. 2006-1748 Παγε 8
Application No. 10/728,375
re Keller, supra, at 642 F.2d 425, 208 USPQ 881) and the artisan is not compelled to
blindly follow the teaching of one prior art reference over the other without the exercise
of independent judgment (see Lear Siegler, Inc. v. Aeroquip Corp., 733 F.2d 881, 889,
221 USPQ 1025, 1032 (Fed. Cir. 1984)). In this regard, Crowley, Moses and Waddell
are relied on for teaching a prying angle between 65 and 85 degrees only. Sutton and
Thomas are relied on for teaching a nonelongate device having a constant width along
its length.
The decision of the examiner is affirmed.
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