Appeal 2007-1555
Application 09/900,442
Taber discloses the application of a sealant to selected surface portions of
parts to be sealed to effect a seal between the parts at the portions where the sealant
was applied. (Taber Abstract and col. 1, ll. 5-9).
Our understanding how doors are hung is that shims are used to compensate
for space at the mount thereby allowing the door to be made plumb with the frame.
PRINCIPLES OF LAW
A claimed invention is not patentable if the subject matter of the claimed
invention would have been obvious to a person having ordinary skill in the art.
35 U.S.C. § 103(a); KSR Int’l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d
1385 (2007); Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 148 USPQ
459 (1966).
Facts relevant to a determination of obviousness include (1) the scope and
content of the prior art, (2) any differences between the claimed invention and the
prior art, (3) the level of skill in the art and (4) any relevant objective evidence of
obviousness or non-obviousness. KSR, 127 S. Ct. at 1734, 82 USPQ2d at 1389,
Graham, 383 U.S. at 17-18.
A person having ordinary skill in the art uses known elements and process
steps for their intended purpose. Anderson's-Black Rock, Inc. v. Pavement Salvage
Co., 396 U.S. 57, 60, 163 USPQ 673, 674 (1969) (radiant-heat burner used for its
intended purpose in combination with a spreader and a tamper and screed);
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: September 9, 2013