Appeal 2007-1422
Reexamination Control 90/007,260
Patent 6,093,139
that the subject matter as a whole would have been obvious at the time the
invention was made to a person having ordinary skill in the art to which
[the] subject matter pertains.” KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727,
1734, 82 USPQ2d 1385, 1391 (2007). “If a person of ordinary skill in the
art can implement a predictable variation, and would likely see the benefits
of doing so, § 103 likely bars its patentability.” Id at 1731, 82 USPQ2d at
1396. Moreover, “if a technique has been used to improve one device, and a
person of ordinary skill in the art would recognize that it would improve
similar devices in the same way, using the technique is obvious unless its
actual application is beyond that person’s skill.” Id.
Sheldon discloses a printing press that contains all the elements of the
invention Applicant claims, with the exception of the product folding
cylinder. Stab discloses a “folder assembly for a printing press” (Stab, col.
1, ll. 5-6; emphasis added). Stab’s collection cylinder contains seizing
elements that operate in the manner of the seizing elements on Applicant’s
product folding cylinder. It would have been obvious to one of ordinary
skill in the art, at the time Applicant’s invention was made, to combine
Stab’s folding assembly with, and adapt it to, Sheldon’s printing apparatus.
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