Ex Parte Bratek et al - Page 11



            Appeal 2007-1548                                                                                
            Application 10/702,346                                                                          
            Pepperling’s device to operate for its intended purpose, we find the Appellants’                
            argument unpersuasive.                                                                          
                   Claim 1 is a combination which only unites old elements with no change in                
            their respective functions and which yields predictable results.  Thus, the claimed             
            subject matter likely would have been obvious under KSR.  In addition, neither                  
            Appellants’ Specification nor Appellants’ arguments present any evidence that the               
            addition of a knurled press-fit arrangement to a pressure port is uniquely                      
            challenging or difficult for one of ordinary skill in the art.  Moreover, the knurled           
            press-fit of Ito is a technique that has been used to improve one device (the rotor             
            and shaft jointing structure of Ito), and one of skill in the art would recognize that          
            it would improve similar devices in the same manner.                                            
                   Because Appellants have not shown that the application of the Ito knurled                
            press-fit arrangement to form a jointing structure between the pressure port and                
            housing of Pepperling would have been beyond the skill of one of skill in the art,              
            we find using the technique would have been obvious.  As such, the Examiner did                 
            not err in holding that it would have been obvious to one having ordinary skill in              
            the art at the time the invention was made to modify the pressure sensor assembly               
            of Pepperling to add the knurled press-fit arrangement of Ito to provide a better               
            press-fit connection and thereby obtain a firm jointing (Answer 4).  Claims 2-12                
            were not argued separately, and fall with claim 1.  See 37 C.F.R. § 41.37(c)(1)(vii)            
            (2006).                                                                                         




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