Appeal 2007-1593
Application 10/462,972
Further, when the improvement is technology-independent and the
combination of references results in a product or process that is more
desirable, an implicit motivation to combine exists even absent any hint of
suggestion in the references themselves. “In such situations, the proper
question is whether the ordinary artisan possesses knowledge and skills
rendering him capable of combining the prior art references.” DyStar
Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d
1356, 1368, 80 USPQ2d 1641, 1651 (Fed. Cir. 2006).
Perrin and Hobbs establish that the use of transparency for containers
for the purpose of permitting the contents of the container to be seen whether
the container is open or closed was known at the time of Appellant’s
invention. The advantage of transparency is both notorious and technology-
independent. One of ordinary skill in the art at the time of Appellant’s
invention would have readily appreciated that transparency of Alden’s
mailer container and cover would likewise permit the contents of the
container to be seen without opening the container. Further, with increased
concerns about security in the mailing and shipping industries over the past
decade or so, one of ordinary skill in the art would have recognized that
transparency would permit postal and security inspectors to inspect the
contents of a mailer without having to open the mailer, thereby rendering the
mailer easier to use and less susceptible to mutilation by well-meaning
inspectors. See Leapfrog Enterprises, Inc. v. Fisher Price, Inc., 485 F.3d
1157, 1162, 82 USPQ2d 1687, 1691 (Fed. Cir. 2007) (“[O]ne of ordinary
skill in the art . . . would have found it obvious to combine the Bevan device
with the SSR to update it using modern electronic components in order to
gain the commonly understood benefits of such adaptation, such as
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