Appeal 2006-2564
Application 10/259,743
Specification, Calio’s timer activates and automatically turns off the on/off
gas supply valve of a gas bubbling system.
In any event, we find that one of ordinary skill in the art would have
readily envisaged a microcomputer embedded timer from the timer
performing the functions described in Calio. As explained by
Microcomputer Dictionary and Guide at page 477,3 one of ordinary skill in
the art would have understood a microcomputer “time schedule controller”
as “a specific controller in which the reference input signal (or the set point)
adheres automatically to a predetermined time schedule” as required by the
timer of Calio
Thus, for the reasons set forth in the Answer and above, we determine
that Calio would have rendered the subject matter defined by claims 13 and
17 anticipated within the meaning of 35 U.S.C. § 102(e).
OBVIOUSNESS
Under 35 U.S.C. § 103, a prima facie case of obviousness cannot be
established absent some teaching, suggestion, and/or motivation in the
applied prior art references and/or knowledge generally available to a person
having ordinary skill in the art to arrive at the claimed subject matter. Pro-
Mold & Tool Co. v. Great lakes Plastics, Inc., 75 F.3d 1568, 1573,
37 USPQ2d 1626, 1629-30 (Fed. Cir. 1996); ACS Hosp. Sys., Inc. v.
Montefiore Hosp., 732 F.2d 1572, 1577, 221 USPQ 929, 933 (Fed. Cir.
1984). The knowledge generally available to a person having ordinary skill
in the art includes facts admittedly well known in the art. See In re Nomiya,
509 F.2d 566, 570-71, 184 USPQ 607, 611-12 (CCPA 1975)(The admittedly
3 (Charles J. Sepple et al., 1975) Attached to this decision.
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