Appeal 2006-3299
Application 10/346,878
binder. The mounting comprises a first slit that joins a first hole from a first
direction, and a second slit joins a second hole from an opposite second
direction. (See Figure 1; paragraph bridging columns 3 and 4). The slit
arrangement facilitates the insertion and removal of the sheet material
without necessitating the opening and closing of the binder rings.
Principles of Law
Obviousness under 35 U.S.C. § 103 does not require absolute
predictability of success. In re O’Farrell, 853 F.2d 894, 903-04, 7 USPQ2d
1673, 1681 (Fed. Cir. 1988). For obviousness under § 103, all that is
required is a reasonable expectation of success. Id.
Obviousness cannot be rebutted by attacking references individually
where the rejection is based upon the teachings of a combination of
references. A reference must be read, not in isolation, but for what it fairly
teaches in combination with the prior art as a whole. In re Merck & Co., 800
F.2d 1091, 1097, 231 USPQ 375, 380 (Fed. Cir. 1986).
“Once a prima facie case of obviousness has been established, the
burden shifts to the applicant to come forward with evidence of
nonobviousness to overcome the prima facie case.” In re Huang, 100 F.3d
135, 139, 40 USPQ2d 1685, 1689 (Fed. Cir. 1996).
Analysis1
1 Appellants have not presented separate arguments for the rejected claims.
Thus, we will limit our consideration to claim 17 as representative of the
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