Appeal 2007-1167
Application 10/784,056
“Common sense teaches … that familiar items may have obvious uses
beyond their primary purposes, and in many cases a person of ordinary skill
will be able to fit the teachings of multiple patents together like pieces of a
puzzle.” KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. at 1742, 82 USPQ2d at
1397. “[W]hen a patent claims a structure already known in the prior art that
is altered by mere substitution of one element for another known in the field,
the combination must do more than yield a predictable result.” Id at 1740,
82 USPQ2d at 1395. Accordingly, it would have been obvious to one of
ordinary skill in the art, at the time Applicant’s invention was made, to
combine Wright’s spatial guide with Sheldon’s weed trimmer guard.
Conclusion
Having considered all the evidence of record for and against the
patentability of Claims 1-2 of Application 10/784,056 under 35 U.S.C.
§ 102(b) and Claims 1, 3-9, 11-14, and 16 under 35 U.S.C. § 103(a), we
affirm all the appealed final rejections.
Order
Upon consideration of the appeal, and for the reasons given, it is
ORDERED that the decisions of the Examiner rejecting Claims 1-2 of
Application 10/784,056 under 35 U.S.C. § 102(b) and rejecting Claims 1, 3-
9, 11-14, and 16 under 35 U.S.C. § 103(a) are affirmed; and
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