Ex Parte Davis - Page 4


                 Appeal 2006-2253                                                                                      
                 Application 10/464,595                                                                                

                                                       ISSUE                                                           
                        The sole issue in this case is whether the Appellant has shown that the                        
                 Examiner erred in holding that a person of ordinary skill in the art at the time                      
                 of the invention would have been motivated to modify the Dhont device so                              
                 as to be comprised of a thermally resistant material, as taught by Robbins.                           

                                               FINDINGS OF FACT                                                        
                        Dhont describes an apparatus for simulating respiratory conditions.                            
                 The apparatus includes a control device 3 which is housed in a carrying case                          
                 (col. 2, ll. 26 to 28).  Dhont does not disclose the material of the carrying                         
                 case.  Dhont is silent about the environment in which the control device 3 is                         
                 utilized.                                                                                             
                        Robbins discloses a fire resistant safe comprised of internal and                              
                 exterior walls that encapsulate a space filled with insulation 34 (col. 5, ll. 9                      
                 to 12).  The insulation is a mixture of water, Portland cement, cellulose                             
                 fibers and a foaming agent (col. 5, ll. 15 to 20).  The insulation 34 absorbs                         
                 heat energy by changing the water in the mix from liquid state to a vapor                             
                 state at 100 degrees centigrade (col. 5, ll. 16 to 20).                                               

                                              PRINCIPLES OF LAW                                                        
                        When it is necessary to select elements of various teachings in order                          
                 to form the claimed invention, we ascertain whether there is any suggestion                           
                 or motivation in the prior art to make the selection made by the Appellants.                          
                 Obviousness cannot be established by combining the teachings of the prior                             
                 art to produce the claimed invention, absent some teaching, suggestion or                             

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