Ex Parte Paul et al - Page 6



                Appeal No. 2006-1479                                                                              
                Application No. 10/324,660                                                                        

            1          The motivation to combine particular references may come “from the                         
            2   nature of the problem to be solved, leading inventors to look to the                              
            3   references relating to possible solutions to that problem.”  Pro-Mold & Tool                      
            4   Co. v. Great Lakes Plastics, Inc., 75 F.3d 1568, 1573, 37 USPQ2d 1626,                            
            5   1630 (Fed. Cir. 1996); see also In re Huang, 100 F.3d 135, 139 n.5, 40                            
            6   USPQ2d 1685, 1688 n.5 (Fed. Cir. 1996).                                                           
            7          Kaneda discloses that, when a protruding or “flash” wafer is detected,                     
            8   pushing member 35 is moved to push the wafer back into the cassette                               
            9   (Translation [MEANS] 4).  Kaneda does not specify, however, the type of                           
          10    actuator used to move pushing member 35 in the pushing direction, leaving                         
          11    one skilled in the art to select a known linear actuator to provide such                          
          12    pushing motion.  As evidenced by McPhail, cylinders, or pneumatic                                 
          13    expansible-chamber actuators, were well known linear actuators in the prior                       
          14    art at the time of Appellants’ invention.  Accordingly, it would have been                        
          15    obvious to one of ordinary skill in the art to couple a cylinder, a known                         
          16    linear actuator, to the pushing member 35 of Kaneda to move the pushing                           
          17    member to push a protruding wafer into the cassette.                                              
          18           In light of the above, we conclude that Appellants have not                                
          19    demonstrated that the Examiner erred in rejecting claim 11 as being                               
          20    unpatentable over Kaneda in view of Iwai and McPhail.  We thus sustain the                        
          21    rejection of claim 11 and claims 1, 3, 4, 7, 8, 10, 13, 14, 16, 18, 19, and 21                    
          22    standing or falling with claim 11.                                                                

                                                        6                                                         



Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: September 9, 2013